Rawe v Chichester, and Cross Cause
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1773 |
| Date | 01 January 1773 |
| Court | High Court of Chancery |
English Reports Citation: 27 E.R. 463
HIGH COURT OF CHANCERY
See on point as to interest, Bradford v. Brownjohn, 1868, 37 L. J. Ch. 201; L. R. 3 Ch. 711.
Case 352.-rawe against chichester, and Cross Cause. March 1773. [See on point as to interest, Bradford v. Brownjohn, 1868, 37 L. J. Ch. 201; L.R. 3Ch. 711.] One bequeaths several leasehold estates, held for years under the Dutchy of Cornwall, to his wife, during so many years of the term as she shall live ; and after her decease, if the terms of the several leases be then in being, unto and amongst, &c. The wife got an additional term, and held it shall not be for her own benefit, but should go to the uses of the will. (See Taster v. Marriott, Ambl. 668. Owen v. Williams, Ambl. 736.)-[Lib. Reg. 1772, A. fo. 658, nom. Bromfieldv. Chichester, and Rawev. Chichester. S. C. [sub nom. Bromfield v. Chichester], 2 Dick. 480; 1 Bro. C. C. 198, note.] Richard Rawe, possessed of an estate called Prince's Meadow, in the parish of Lambeth, held by lease under the dutchy of Cornioall for a term of years, in the name of Joseph Sherwood, upon the llth December 1716, obtained an additional term of sixteen years and a half, to be granted to Joseph Sherwood, in trust for himself; and being likewise possessed of several other leasehold estates in the county of Cornwall, which are since expired and gone, made his will upon the 29th December 1716 ; and 464 RAWE V. CHICHESTEK AMB. 716. after directing all his debts and funeral expences to be in the first place paid, devised all his freehold estates, except a small part in the parish of Endelion, to trustees to the use of his wife for life, remainder to his heirs male on his said wife, remainder to his heirs female on his said wife, remainder to the heirs of his body, remainder to his brother William Rawe, for life, remainder to the heirs male of the body of William Rawe, remainder to the heirs female of the body of William Rawe, remainder to his own right heirs ; and as to the estate in Endelion, to the use of the heirs of his body, remainder to his brother William Rawe, and subsequent remainders in the same manner as the other estate is devised. The will then goes on in these words : " Whereas I am possessed of certain messuages, lands, and tenements, in the parish " of Lambeth, in the county of Surrey, yet to come and unexpired, which I hold by " lease granted by the Prince of Wales to Joseph Sherwood, as nominee for me. And " whereas I am possessed of several messuages, lands, and tenements, in the parish " of Collumbe Major, in the county of Cornwall, for a certain number of years yet " [716] to come and unexpired, which I hold by lease granted by the Crown, as being " part of the dutchy of Cornwall. And whereas I am possessed of several chattel leases " for the term of ninety-nine years, determinable upon lives. Now I do hereby give " and devise the said several leases and premises thereby granted to my said dear wife, " for and during so many years of the terms...
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