Leefe v Saltingston
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1826 |
| Date | 01 January 1826 |
| Court | High Court |
English Reports Citation: 89 E.R. 118
THE COURTS OF KING'S BENCH AND COMMON PLEAS
Continued, post, p. 176.
case 180. leefb v. saltingston. S. C. continued from p. 150. It was argued by Baldwin, that the wife had power to dispose of a fee : and first, it was agreed by all, that in this case it was not intended of a power to dispose of that estate that was given her for life, for that she might do without any such power given her. He agreed that the fee is not by this devise in the wife, but rests in the heir until a disposal be made, which she may do by a declaration in pursuance of her power, though she make no formal conveyance, as it waa resolved in Daniel [164] and Upton's case, that a feme covert may make a disposal in pursuance to her power ; if it should be intended that she should dispose only for life to one of her children, that might be to no purpose, for the life might die before hers ; and he cited a case in the King's Bench, Heale \. Green (1), Hill. 49, Eot. 376, where the case was, J. S. possessed of a term for 100 years devises it in this manner :- I give and bequeath to H. my wife all my lands, to set and let, and make estates out of them in as ample manner as if I were living, during her life ; the remainder after the death of my wife to my daughter. H. makes a lease for 99 years, if three persons lived so long. The question was, whether this did determine by her death ] And it was held that it did not, notwithstanding the remainder, for that was to be taken upon a contingency, if the wife did not dispose of it. But Windham said, that would not come up to this case; for being but a term for years it would pass by the devise of the land (2) : and he said, in a will a fee will pass in many cases without the word " heirs," 19 H. 8, 9. Bro. Devise, 39. 1 Inst. 9 b. and so the intent of the testator shall be taken, as in the case Web and Taylor. One that could not write good English, having been beyond sea, writes, " I do make my C. Gyles Bridges my soly aery and executory the manor of Minton in Glocest (3)." Ow. 32. Moor, 57, Fees by Implication. Nudigate pro quer' agreed, that a devise to dispose at will and pleasure passes a fee, Lat. 59, and that the intent of the devisor shall be taken ; but it was agreed by all, that according to Hob. 32, the intent must be certain when it is to disinherit an heir. If the devisor had devised it to such of his children as his wife should name, this would have carried but an...
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