Lingen's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1794 |
| Date | 01 January 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 73 E.R. 731
King's Bench Division
See Crompton v. Jarratt, 1885, 30 Ch. D. 298.
lingen's case. A. infeoffs B. in trust to perform his will, and by will declares, that B. shall atand seised to the use of his daughter C. This is a good devise of the land by intention, though C. be a bastard ; and though B. can by no possibility stand seised to her use. (29) William Lingen being seised of the manor of Cotton after je,,k. cpnt. 6,c. 21, s. n the act of 32 H. 8. [c. 1.] enfeoffed A. and B. to the use and intent [ò' Vm.w. Co.Lit.:ii,.| of performing his last will:-And afterwards by his last will in writing (reciting the said feoffment and the feoffees to stand, and be seised to the said use), declared his very mind and will to be, that his said feoffees and their heirs should stand and be seised thereof to the use of Jane his daughter, and of the heirs of her body ; which Jane was his bastard daughter. Qucere of this devise. And it was left to the award of Ja : Dyer and Roger Manwood, justices, who Plnw_ rl23 b. t-_ Execut. made their award in writing, that they took the law to be clear, that ?*ò sty. :jp2. i look. .... j i ò i ,.1? i j i. i.l ò l. *.- i i.u j ò 313- L)y. 7.!, pi. 11. l this is a good devise of the laud, by the intention of the devisor, h. n. p -. 314 i , 345 0. altho' by no possibility [323 b] could the feoffees stand seised to J, C^ro'o3?,^r, 27 H' s' 8' the said use; to which opinion Catlyn and the other justices agreed. f;ouidKb 191. Br. j)e_ And Brooke tit. Devise 48. reports the opinion of Baldwin, Montague, vise, m. i ku. Ab-6L'- and Shelley in 38. Hen. 8. that if a man after 32 H. 8. wills, that m. Hast, wills. 2?' 3 his feoffees shall make an estate in tail to one A. it shall be a good i^iat. 101, n. 457. i.eon. devise, according to the intention of the devisor &c. [and see Dy. * a, sub. 1 tin. pi. 40.] [See Crmipton v. Jarratt, 1885, 30 Ch. D. 298.] By a lease of all hereditaments, aituate, lying, ami being in T. the advowson of the vicarage of T. passes. (30) Upon evidence in quare impedit for the vicarage of T. in the 7 e. 3, 5. Qua. imp, w. county of Worcester, parcel of the possessions of the college of w |-1- 'j,1*^,;^; g1/ Westminster, it was moved, whether the advowson thereof passed 5k2,v. QuaHmp'ies'. in a lease for years made in the time of Ed. 6. in the second year to jjjj h.'s'w.' l\v k's'' li Sir T. S. (who waa an admiral, and attainted) by the name of " all Hob.' 364. 5 h. 7, 37 ii, the hereditaments situate, lying, and being in T." where the vicarage k'sjl'u. ' aiE.3! is. 4e was. And it was holden by the Court that it passed, for it hath u 7^.t3 £ò ^ H-B^ some being in the town and church of the vicarage, because the view os. cru. Car. 74. in a writ of right of advowson shall be given in the church &c. altho' ^"j"; gsfp^t, sa^Ta', it does not lie in livery, nor is visible nor palpable; to which...
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