Patterson v Huddart
| Jurisdiction | England & Wales |
| Judgment Date | 10 June 1853 |
| Date | 10 June 1853 |
| Court | High Court of Chancery |
English Reports Citation: 51 E.R. 1013
ROLLS COURT
S. C. 1 W. R. 423.
[210] patterson v. huddart. June 10, 1853. [H. C. 1 W. R. 423. | The word " estate," in a will, will piima facie pass real estate, and the burthen of proof lies on those who contend the contrary. A testatrix, after giving pecuniary and specific legacies, and after directing her charity legacies to be paid out of her personal estate, " gave and bequeathed " all the rest " of her estate and effects, whatsoever and wheresoever, and all her diamonds and 1014 PATTERSON V. HUDDART 17 BEAV. 211. other jewels," to trustees, their " executors and administrators," upon trust to sell and divide. Held, that the real estate passed to them. A testatrix gave several pecuniary and specific legacies; and, after bequeathing jewels, and some legacies to charities payable out of her " personal estate," proceeded as follows:- And as to all the rest, residue and remainder of my estate and effects, irhatxoecer ond wheresoever, and all my diamonds and other jewels, not hereinbefore by me disposed of, / give awl 'bequeath the same, and every part thereof, respectively, unto Andrew Durham, William Talbot, Newgent Patterson and Richard Cooke, their executors and administrators, " upon trust to sell, and pay and divide all the money arising from the sale and also all the rest, residue and remainder of my other monies, whatsoever and wheresoever," equally between my son and seven daughters, subject to an annuity of £20 to E. L. for life. The testatrix had a freehold house at Bath, and the question was whether it passed by the will. Mr. Hoare, for the Plaintiffs. The word "estate" is [211] sufficient to pass freehold property, unless restrained by the context. Here, the testatrix had evidently her real estate in her mind, for she excludes it in the gift to charities, and she subsequently gave all the residue of " her estate," &c., " whatsoever and wheresoever," anil this must necessarily include the house. Mr. Cotton, contra. The word " estate" does not necessarily pass real estate; Sanderson v. Dobson (1 Exch. Bep. 141). Here the words of gift, "I give and bequeath," and the limitation of the property to the " executors and administrators," are properly applicable to personal estate only, and the word " estate " is so connected with the gift of personalty, as to include only things rjusdem generis; Timeuvll v. Perkins (2 Atk. 102). In Doe d. Spearing v. Buckner (6 T. E. 610), a...
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