James Fenton, Administrator with the Will annexed of Thomas Fenton the Elder v Clegg and Another
| Jurisdiction | England & Wales |
| Judgment Date | 20 April 1854 |
| Date | 20 April 1854 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 292
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 2 C. L R 1014, 23 L J Ex. 197
JAMES fenton, Administrator with the V\ ill annexed of Thomas Fenton the Elder i clegg AND anofher. April 20, 1854. -A testator bequeathed his leasehold cottages to his son, on trust to sell the same, and out of the proceeds to leimburse himself a sum borrowed by the testator, funeral expenses, and other payments, and if any surplus, that to be divided between the testator's three children and his grandchild, and the testator appointed his sun sole executor. The aon never proved the will, but, orr the death of the testator in August, 1833, he took possession of the cottages, and continued to receive the rents up to the time of his death in March, 1839, and he disposed of the cottages by his will In June, 1853, the grandchild of the testator obtained administration of his estate and effects with the will annexed, and brought ejectment to recover possession of the cottages -Held, that there was sufficrent evidence of an assent by the son to the bequest to himself, and consequently, that he was entitled as legatee. [S C 2 C. L R 1014, 23 L J Ex. 197 ] Ejectment to recover possession of certain messuages, with the appurtenances, situate at Bradford, in the county of York. The defendarrts appeared to the writ, and defended for the whole of the land therein mentioned. At the trial, before Cresswell, J , at the last York Assizes, it appeared that, in the year 1766, a lease had been granted of the premises in question for a term of 999 years, at a peppercorn rent In the year 1804, that lease was assigrred to Thomas Fenton the elder, who remained in possession of the premises until his death, in August [681] 1£33 By his will, Thomas Fenton the elder devised as follows -"I give &u my leasehold cottages, household furniture, and whatever personal property I have, unto my son Thomas Fenton, junror, on trust, to be disposed of in the following manner -I will and direct that my son 'Ihomas Fenton, junior, do sell the cottages for the best price that he can obtain , and out of the money thence arising, to reimburse himself or retain for his own use the sum of 1541, which I borrowed of him some years ago , also to reimburse himself for funeral expenses, proving of this my will, and the maintenance of myself and wife since the 11th day of...
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...AND OTHERS. Melling v. LeakENR 16 C. B. 653. Cooper v. Warre 11 Ir. Jur. N. S. 24. Doe v. TatchellENR 3 B. & Ad. 675. Fenton v. CleggENR 9 Exch. 680. Tyson v. JacksonENR 30 Beav. 384. Wyche v. The East India Co.ENR 3 P. Wms. 309. Cooper v. Warre 11 Ir. Jur. N. S. 38. Melling v. LeakENR 16 C......
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