Sanderson v Debson
| Jurisdiction | England & Wales |
| Judgment Date | 17 July 1847 |
| Date | 17 July 1847 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 666
ROLLS COURT
S. C. at Law, 1 Ex. 141; and, on second hearing, 7 C. B. 81. See Dobson v. Bowness, 1868, L. R. 5 Eq. 404, and cases there cited. See also Jegon v. Vivian, 1865, L. R. 1 C. P. 24.
666 SANDERSON V. DOBSON 10 BEAV. 471. [478] sanderson v. dobson. July 17, 1847. [S. C. at Law, 1 Ex. 141 ; and, on second hearing, 7 C. B. 81. See Dobson v. Bowness, 1868, L. R. 5 Eq. 404, and cases there cited. See also Jegon v. Vivian, 1865, L. E. 1 C. P. 24.] A testator, after devising a freehold to two and their heirs, and a leasehold to two others and the survivor, her heirs, executors, administrators, and assigns for ever, proceeded:-"And I give all the rest of my household furniture, books, linen, and china, except as hereinafter mentioned, goods, chattels, estate, and effects, of what nature or kind soever, and wheresoever the same shall be, at the time of my decease, unto R. and S., their executors, administrators, and assigns in trust." He afterwards specifically bequeathed his ready money and various chattels. Held, by the Court of Exchequer, that the word " estate " thus circumstanced, did not pass real estate; but this Court not being satisfied, directed a case to the Common Pleas. The testator, Thomas Stapylton, by his will, dated in 1808, after "giving and devising " a freehold, which he had contracted to sell, to his two trustees and their heirs and assigns, to enable them, on receipt of the purchase-money, to convey, and after giving a leasehold to his sisters Margery Stapylton and Martha Stapylton, and the survivor, her heirs, executors, administrators, and assigns "absolutely for ever," expressed himself as follows :-" I give unto my said sisters my silver-hafted knives and forks, and my silver tablespoons, equally to be divided between them. And I give all the rest of my household furniture, books, linen, and china (except as hereinafter mentioned), goods, chattels, estate and effects, of what nature or kind soever, and wheresoever the same shall be at the time of my death, unto the said John Robson and Jonathan Sleigh, their executors, administrators, and assigns, in trust, as soon as conveniently may be to sell and dispose of the same, and to apply the money by such sale arising, towards payment of my debts and the legacy hereinafter mentioned, and to pay the surplus, if any, to my said sisters Margery Stapylton and Martha Stapylton. I give and bequeath all my ready money, and the money arising by the sale of my said premises at Middleham to be received by...
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