Pearmain v Twiss
| Jurisdiction | England & Wales |
| Judgment Date | 20 March 1860 |
| Date | 20 March 1860 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 56
HIGH COURT OF CHANCERY
S. C. 29 L. J. Ch. 802; 6 Jur. (N. S.) 337; 8 W. R. 329. See Gibbins v. Lyden, 1869, L. R. 7 Eq. 374.
56 PEARMAIN V. TWISS 2 BIFF. 130. [130] peaemain v. twiss. March 19, 20, 1860. [S. C. 29 L. J. Ch. 802; 6 Jur. (N. S.) 337; 8 W. B. 329. See GibUns v. Lyden, 1869, L. K. 7 Eq. 374.] The Wills Act, 1st Viet. c. 26, has not altered the rule of law that every devise of real estate, though in terms residuary, is, in fact, specific. Henry Theobalds, by his will, made the following disposal:- " First, I give and devise all my estates situate at Ashwell, in the county of Hertford, and all my leasehold and other estates in London, or in the county of Middlesex, to my beloved wife Eebecca Theobalds, her heirs, executors and administrators absolutely ; and I give, devise and bequeath all other my freehold, copyhold and leasehold estates unto my said beloved wife Eebecca Theobalds, for and during the term of her natural life, without impeachment of waste ; and from and immediately after the decease of my said wife I give, devise and bequeath all my said last-mentioned freehold, copyhold and leasehold estates in manner following, that is to say, I give, devise and bequeath all my freehold, copyhold and leasehold estate at Brookend, in the parish of Steeple Morden, in the county of Cambridge, or elsewhere in the said parish of Steeple Morden, except the copyhold estate in Steeple Morden which I lately purchased of Pearce Janeway, unto my nephew William Theobalds, his heirs, executors and administrators; also I give to my said nephew William Theobalds all the corn which shall be growing at my decease on the land above devised to him, and all the corn which shall be in the barns of the estate above given to the said William Theobalds at the time of my decease, and the straw and dung thereof; also I give and devise all my said copyhold estate in Steeple Morden aforesaid, which I lately purchased of Pearce Janeway, and all my freehold, copyhold and leasehold estates at G-uilden Morden aforesaid, unto my [131] nephew Abraham Pearmain, his heirs, executors and administrators." The testator then gave several pecuniary legacies, and gave to his "beloved wife absolutely" his furniture, household stores, plate, clothes, linen and china, his old pony, gig and poultry, and proceeded as follows:- "Also I give and bequeath all the rest and residue of my goods, growing crops, stock crop, mortgages, monies, securities, and personal estate at my decease unto my said nephew Abraham Pearmain, his executors, administrators and assigns, subject to the payment of my just debts, funeral and testamentary expenses, and all the before-mentioned legacies and annuity, which legacies and annuity are to be payable at the end of three months after the decease of the survivor of me and my said wife, and shall also be a charge on my real estate in aid of my personal estate, and my wife shall be exonerated at the expense of my residuary legatee from...
To continue reading
Request your trial
-
West v Lawday
...8 Ves. 295. Mirehouse v. Scaife 2 M. & Cr. 695. Emuss v. SmithENR 2 De G. & Sm. 722. Eddels v. JohnsonENR 1 Giff. 22. Pearmain v. TwissENR 2 Giff. 130. Edwards v. PughENR 2 Giff. 135. Clark v. Clark 11 Jur. N. S. 820. Daly v. HartridgeENR 1 Dr. & Sm. 236. Barnwell v. IremongerENR 1 Dr. & Sm......
-
West v Lawday
...2nd Ed., 127, n.; and 2 Giff. 135, note. Cogswell v. ArmstrongENR 2 K. & J. 230. Edells v. JohnsonENR 1 Giff. 29. Pearman v. TwissENR 2 Giff. 130. Dady v. HartridgeENR 1 Dr. & Sm. 236. Rotheram v. RotheramENR 26 Beav. 465. Bethell v. GreeneENR 34 Beav. 302. Hensman v. FryerELR Law Rep. 2 Eq......
-
Lord Lilford v Powys Keck
...conflicting; Dacly v. Hartridge (1 Dru. & Sm. 236); Rotheram v. Rotheram (26 Beav. 465); Eddelsv. Johnson (\ Giff. 22); Pear-man v. Twins (2 Giff. 130); Ennes v. Smith (2 De G. & Sm. 722, 735); Mirehouse v. Scaife (2 Myl. & Cr. 695); and see Barnwell v. Ironmonger (1 Drew. & Sm. 242); Hoail......
-
In the Goods of Margaret Gentili, Deceased
...v. Lord CarberyELR L. R. 16 Eq. 461. Price v. DewhurstENR 4 My. & Cr. 76, 81. Jerningham v. HerbertENR 4 Russ. 388. Pearmain v. TwissENR 2 Giff. 130, 136. Freke v. Lord CarberyELR L. R. 16 Eq. 461. Intestacy — Foreign domicil — Irish leasehold — Succession to chattels real — Conflic......