Pitman and Another against Stevens, Newte, and Others
| Jurisdiction | England & Wales |
| Judgment Date | 21 April 1812 |
| Date | 21 April 1812 |
| Court | Court of the King's Bench |
English Reports Citation: 104 E.R. 934
IN THE COURT OF KING'S BENCH
Not applied, Windus v. Windus, 1856, 6 De G. M. & G. 560.
[505] pitman and another against stevens, newte, and others. Tuesday, April 21st, 1812. These words in a will, "I give and bequeath all that I shall die possessed of, real and personal, of what nature and kind soever, after my just debts paid. I appoint P. my residuary legatee and executor;" followed by certain annuities and legacies ; with a desire to his legatee and executor to let his sister be interred in his (the testator's) vault, and witka recommendation to him to be kind to another relation, and to do something handsome for him at his death, &c. shew the testator's intention to make P. the residuary legatee of his real estate in fee. [Not applied, Windus v. Windus, 1856, 6 De G. M. & G. 560.] Charles Foulis being seised in fee of a dwelling-house, wharf, warehouses, and other premises at Blackwall, in Middlesex, and of other real estates, by his will duly executed and attested, devised as follows: "I give and bequeath all that I shall die possessed of, real and personal, of what nature and kind soever, after my just debts are paid. I do hereby appoint Captain Eobert Preston my residuary legatee and executor. I bequeath to George Foulis Pitcairn, my sister's son, twenty guineas a-year, to be paid quarterly: the reason I leave him so little, he being very bad in mind. I give and bequeath to Captain W. D. G. 301. for mourning, he having behaved not to my satisfaction, marrying into the family I disliked : and to his mother, if alive at my decease, 1001. for mourning; she having lately married a third husband, and I do not know the name she goes by, and quite against my approbation. Item, I give to my dear sister Margaret Freeman 20001., to give her two sons; Charles and Thomas Freeman when she dies; aiid I desire my legatee and executor to let her be interred in my vault with her late husband W. G. Freeman. Item, I give to the Reverend J. Eeily 10001. for his life ; then to go in moieties to his two children, John and Martha Eeily. I recommend to Captain Preston, my legatee and executor, to be kind and friendly to my brother-in-law John Crichton; and as he has had the misfortune to lose his fortune, beg he will do something [506] handsome for him at his death, or when he shall want any thing to live on. Item, I give and bequeath to Mrs. Eutherford 10001. Item, I give unto Jane Brown 251. per annum during her natural...
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Re Thomas Geeally, Deceased, Edwaed Joseph Travees v Catheeine O'Donoghue
...hold that the words are wide enough to embrace real estate, which, in the events that have happened, is undisposed of. Pitman v. Stevens (15 East, 505) applied. Summons in an administration matter. The testator, Thomas Greally, made his will in the following terms:—“This is the last will an......
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...supported the certificate. They cited Hmtep v. Brooman (1 Bro. C. C. 437); Hopewell v. Ackland (1 Salk. 239); Pitman v. Stevens (15 East, 505); Hyley v. Hyley (3 Mod. 228); Tanner v. Morse (Ca. temp. Talb. 284); Monk v. Mawdsley (ante, vol. i. 286); Murry v. Wyse (2 Vern. 564); Doe v. Tofie......
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Windus v Windus
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