Love against Naplesden
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 239
King's Bench Division
[279] case 9. love against naplesden. A legacy bequeathed out of the profits of leasehold and freehold lands, may be sued for in the Spiritual Court, although the term expire, and the devisee of the freehold die before payment. Post. 364. Dyer, 151. F. N. B. 44. 2 Roll. Abr. 284. Palm. 120. Poph. 58. Cro. Car. 16. 2 Keb. 5. Hob. 265. 1 Vent. 233. 2 Show. 50. 1 Lev. 180. 1 Sid. 279. Ld. Ray. 86. 3 Bac. Abr. 489. Cowp. 424. Prohibition. Whereas one Richard Bent was seised in fee of certain lands in D. and possessed of a lease for years of lands in D. for divers years yet to come; and devised all his lands and leases to Thomas his son and heir, whom he made executor, excepting twenty pounds per annum for sevon years, to be employed in this manner, viz. a hundred pounds to his daughter Elizabeth, to be paid within five years, aud thirty pounds to his daughter Mary within seven years ; and iti the year 1600 died. Thomas entered, and took the profits as well of the one as of the other, for the seven years, and died; and made Mary his wife, now wife to the defendant, his executrix, and left assets to her: whereupon the said Mary the younger daughter sued her for that legacy of thirty pounds. And now they brought a prohibition, surmising, that this legacy being out of the profits of land, no suit could be in the Ecclesiastical Court for it. But in regard it was a mere personal legacy, although it is to be raised out of the profits of land, yet, being...
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