Ripley v Moysey
| Jurisdiction | England & Wales |
| Judgment Date | 09 March 1836 |
| Date | 09 March 1836 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 430
ROLLS COURT.
Cf. In re Middleton, 1882, 19 Ch. D. 552.
430 BIPLEY V. MOYSEY 1 EBEH 618. [578] eipley v. moysey. March 9, 1836. [Of. In re Middleton, 1882, 19 Ch. D. 552.] The general personal estate of a testator is liable to all costs occasioned by his mistake, or rendered necessary for the purpose of obtaining the opinion of the Court on the construction of his will, though some of those costs may have been incurred in proceedings affecting the real estate only, and the result of which was to benefit a, devisee of the real estate. The testator devised a real estate, subject to the payment of a corn rent, for a. charitable purpose to Christopher Wilson. It appeared, by the Master's report, that the Christian name of the person, to whom the testatrix intended to give the estate, was James instead of Christopher. Mr. Beames and Mr. Simons, for the residuary legatee, submitted that the costs of the inquiry as to the identity of James Wilson, and the costs of making the Attorney-General a party, for the purpose of having the charge of the corn rent declared void under the Mortmain Act, ought to be borne by the devisee, for whose...
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