Rashleigh against Master

JurisdictionEngland & Wales
Judgment Date02 July 1790
Date02 July 1790
CourtHigh Court of Chancery

English Reports Citation: 29 E.R. 432

LINCOLN'S INN HALL.

Rashleigh against Master

rashleigh against master. Lincoln's Inn Hall, 2d July [1790]. [S. 0. 1 Ves. jun. 201.]-Money to be laid out in land, will pass by the words lands, tenements, and hereditaments, whatsoever and wheresoever. (Note : " S. P. Kendrick v. Kendrick, 31st July 1800, without argument." From Lord Redesdale's notes. See also Hickman v. Bacon, 4 Bro. C. C. 333, and Pulteney v. E. Darlington, 1 Bro. C. C. 222, &c., with the Editor's notes. Dividends of money in the funds not apportioned. (1) By articles previous to the marriage of the Earl of Coventry with Ann Master, daughter of Sir Streynsham Master, bearing date 23d January 1715, it was agreed that 5000, part of the fortune of the intended wife, should be laid out in land, to be settled upon the Earl for life, remainder to the intended wife for life, remainder to the younger children of the marriage, remainder to the Earl in fee. The marriage took effect, but there was no issue ; and the Earl died 27th October 1719, having made his will, but not having made any disposition of the 5000 or of his remainder in fee of the estate to be purchased therewith, leaving his widow surviving. The 5000 was not laid out, but continued on mortgage of the Coventry estate, till the year 1731, after which it was laid out, on mortgage, on the estate of Rowland Berkley, Esq. Sir Coventry Carew, who was entitled, as heir at law to his mother, Lady Ann Coventry, daughter of the said Earl by his former wife, to the said 5000 or the lands to be purchased therewith, subject to the life estate of the Lady Coventry therein, made his will dated 20th February 1747, and thereby gave certain estates called Bosarrow, &c., and, all other his messuages, lands, tenements, and hereditaments whatsoever, and wheresoever situate, and not therein by him given or devised, together with all Courts, &c., to hold [100] said estate called Rosarrow, &c., which were in jointure to his wife, 3BKO. G. 0. 101. RASHLEIGH V. MASTER 433 immediately after her decease, to Jonathan Bashleigh, the father of the plaintiff, in fee, and all his other estates, immediately after his decease, to the said Jonathan Bashleigh in fee, charging his said estates with the payment of 250 yearly, which he was obliged to pay to Ann Countess dowager of Coventry. And he gave all his lands which he had in mortgage, to his wife Lady Mary Carew, John Poole, and John Sandford, whom he...

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