Lister v Pickford
| Jurisdiction | England & Wales |
| Judgment Date | 12 June 1865 |
| Date | 12 June 1865 |
| Court | High Court of Chancery |
English Reports Citation: 55 E.R. 757
ROLLS COURT
S. C. 34 L. J. Ch. 582; 12 L. T. 587; 11 Jur. (N. S.) 649; 13 W. R. 827; 6 N. R. 243. See Cuthbert v. Robinson, 1882, 51 L. J. Ch. 241; Churcher v. Martin, 1889, 42 Ch. D. 318.
[576] lister v. pickford. June 5, 6, 12, 1865. [S. C. 34 L. J. Ch. 582; 12 L. T. 587 ; 11 Jur. (N. S.) 649; 13 W. R. 827; 6 N. R. 243. See Outhbert v. Robinsm, 1882, 51 L. J. Ch. 241; Churcher v. Martin, 1889, 42 Ch. D. 318.] Devise of lands, &c., situate, lying and being within the parish of G., "with the appurtenances," held not to pass lands thirty-three and a half acres in the parish of A., which had been allotted in respect of land in both parishes, and which had always been let and occupied together. It is settled by the earliest authority, repeated without contradiction to the latest, that land cannot be "appurtenant" to land, and the word "appurtenances" only includes incorporeal hereditaments such as rights-of-way, &c., but does not include additional land. 758 LISTER V. PICKFORD 34BBAV.877. A trustee who is in possession of land is so on behalf of his cestuis gue trust, and his making a mistake as to the persons who really are his cestuis que trust cannot affect the rights of the cestuis que trust inter se. The testator devised his manor and advowson of Goulceby, with their appurtenances, &c., " and all and every his messuages, lands, tenements, tithes, and tithe commutation, rent-charge, and hereditaments, situate, lying and being within the said manor and parish of Goukeby, with the appurtenances," to George Arthur Lister for life, with remainder to his child or children in tail. The trustees of the will (Francis Pickford and George Jackson) had, during the minority of any tenant in tail, power to lease and to enter into and hold possession of the estate and to apply the retits for the maintenance of the minor. The testator also devised the legal estate in his residuary real estate to the trustees, Francis Pickford and George Jackson, and their heirs, upon trust to pay the rents to Matthew Henry Lister until he should dispose thereof by anticipation, with remainder over. The testator died in 1842. The testator had a considerable estate situate in the parish of Goulceby, and he had about thirty-three and a half acres of land in the parish of Asterby. These thirty-three and a half acres had been allotted to the father of the testator, under an Inclosure Act, in 1776. They were allotted in respect of lands held partly in [577] Asterby and partly in Goulceby, or at least respecting the position of which there existed, at that time, considerable doubt. Forty-two and a half acres had also, at the aame time, been allotted in respect of lands in Goulceby. The testator, at the date of his will and of his death, had no other lands in Asterby than the thirty-three and a half acres ; they had always been let with the lands in Goulceby; they had always been included in the same lease; always held under one instrument and the tenant had paid one rent for the whole, and the lease had been indorsed on the outside...
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...the staircase itself. 25 He cited the meaning of an appurtenances from Stroud'sJudicial Dictionary 2nd Edition and from Lister v Pickford 34 L J Ch. 582 (34 L J Ch. 582; 34 Bea. 576) where Romiily, M. R. reiterated that "Land cannot be appurtenant to land" and that the word Appurtenances in......