Sanderson v Dobson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1849 |
| Date | 01 January 1849 |
| Court | Court of Common Pleas |
English Reports Citation: 137 E.R. 33
IN THE COURT OF COMMON PLEAS
S. C. in Chancery, 10 Beav. 478: in Exchequer, 1 Ex. 141. See Fullerton v. Martin, 1853, 1 Eq. R. 228; O'Toole v. Browne, 1854, 3 El. & Bl. 585; Jegon v. Vivian, 1865-68, L. R. 1 C. P. 24; L. R. 2 C. P. 422; L. R. 3 H. L. 285; Dobson v. Bowness, 1868, L. R. 5 Eq. 404.
sanderson v. dobson. 1849. [S. C. in Chancery, 10 Beav. 478 : in Exchequer, 1 Ex. 141. See Fullerton v. Martin, 1853, 1 Eq. E. 228; O'Toole v. Browne, 1854, 3 El. & Bl. 585; Jegon v. Vivian, 1865-68, L. E. 1 C. P. 24; L. E. 2 C. P. 422; L. E. 3 H. L. 285; Dobson v. Bowness, 1868, L. B. 5 Eq. 404.] Testator, by his will,-reciting that he had contracted with A. for the sale of a freehold messuage at M., but that he had never executed any conveyance thereof to him,-devised the same to B. and C., their heirs and assigns, in trust, on receipt of the purchase-money, to enable them to convey to A. He then gave a leasehold estate to his two sisters, " their heirs, executors, administrators, and assigns, for and during the term of their natural lives, or the lives of the several persons for whose lives the same was held, and the life of the longest liver of them, without impeachment of waste." And, after the death of one of the sisters, he gave the whole of his said "leasehold estate" to the survivor, her heirs, &c., absolutely.-The will then proceeded as follows:-" I give unto my said sisters my silver-hafted knives (V) See Archbold's Practice, 7th edit., by Chitty, vol. i. p. 282, vol. ii. p. 1172. C. P. xv.-2 34 SANDERSON V. DOBSON ' 7C.B.82. and forks, and my silver table-spoons, 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 decease, unto the said B. and C. 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, &c. : I give and bequeath all my ready money, and the money arising by sale of my said premises at M., to be received by my said trustees, securities for money, and all other sum or sums of money that may be due and owing to me at the time of my decease, unto my said sisters," &c. And B. and C. were appointed executors :-Held, that the trustees, B. and C., took the reversion in fee in other lands of which the testator, at the time of making his will (made before 1838), was seised for life, with contingent remainders which failed, with the reversion in himself, in fee. The following case was sent by the Master of the Kolls (Lord Langdale), for the opinion of this court:- Thomas Stapylton, late of Leyburn, in the county of York, deceased, duly made, signed, and published his [82] last will and testament, in writing, bearing date the 4th of October, 1808, and which was attested as by law was required for passing real estate by devise, and, so far as the same is material to be here stated, was in the words following;- " Whereas, I have lately contracted with Thomas Wray, of Aggelthorp, yeoman, for the sale to him of my freehold messuages, tenements, or dwelling-houses situate at Middleham, in the said North Biding, with the appurtenances thereunto belonging, at or for the price or sum of 2401, but have never made or executed any conveyance thereof to the said Thomas Wray : therefore, I give and devise all the said messuages, tenements, and dwelling-houses at Middleham aforesaid, unto and to the use of John Eobson and Jonathan Sleigh, both of Leyburn aforesaid, gentlemen, their heirs and assigns,-in trust to enable them, on the receipt of the purchase-money, or so much thereof as I have not already received, to convey and assure the same to the said Thomas Wray, his heirs or assigns, or as he or they shall direct or appoint, and the receipt of them the said John Bobson and Jonathan Sleigh shall be a sufficient discharge to the said Thomas Wray, his heirs and assigns: And I give and devise all my leasehold estate called Skelton Coat, with the rights and appurtenances thereunto belonging, situate, lying, and being near Bellerby, in the parish of Speninthorne, in the said North Biding, now in the tenure and occupation of Christopher Tidyman, unto my dear sisters Margery Stapylton and Martha Stapylton, spinsters, their heirs, executors, administrators, and assigns, for and during the term of their natural lives, or the lives of the several persons for whose lives the same are held, and the life of the longest liver of them (a) (subject to the yearly rent payable thereout), without impeachment of [83] waste: and, from and after the death of either of my sisters Margery Stapylton and Martha Stapylton without lawful issue, then I devise the whole of my said leasehold estate to the survivor of them, her heirs, executors, administrators, and assigns, absolutely, for ever: I give unto my said sisters my silver-hafted knives and forks, and my silver table-spoons, 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 decease, unto the said John Bobson 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 overplus (if any) to my said sisters Margery Stapylton and Martha Stapylton : I give and bequeath all my ready money, and the money arising by sale of my said premises at Middleham to be received by my said trustees, securities for money, and all other sum or sums of money that may be due and owing to me at the time of my decease, unto my said sisters and my brother Balph Stapylton, of Leyburn aforesaid, Esquire, to be divided equally between them, share and share alike, thereout to pay my funeral expenses." (a) Quaere, of the sisters, or of cetteux a que vies 1 70. B.84. SANDEKSON V. DOBSON 35 And, after various specific bequests of furniture and chattels, the said will proceeded as follows :- " I constitute my worthy and much-esteemed friends, the said John Eobson and Jonathan Sleigh, executors in,trust of this my last will and testament; and I hereby require of them to pay the sum of 2s. a-piece to every person in Leyburn whom they may deem fit and proper objects of charity,-which money I desire may be paid as soon after my decease as conveniently may be: And I give to them, the said John Eobson and Jonathan [84] Sleigh, the sum of 101. 10s. each, of which I beg their acceptance as small acknowledgments for the trouble they may have in the trusts and executorship of this my will: And I declare that they shall not be answerable or accountable the one for the other of them, nor for more money than they shall actually receive, and by no means for involuntary losses; and that they, their respective heirs, executors, administrators, and assigns, shall be allowed all their costs, charges, damages, and expenses to be occasioned by the execution of the trusts hereby in them reposed : And I do revoke all my former wills." The testator was, at the time of making his aforesaid will, and continued down to and at the time of his death, seised of a moiety of certain freehold messuages, lands, and hereditaments, situate at Leyburn, Bellerby, and Harnby, in the county of York, for an estate for his life, with contingent remainders which failed, with the reversion to himself in fee-simple. The testator died on the 12th of October, 1808, without having revoked or altered his said will...
To continue reading
Request your trial
-
Mullaly v Walsh
...MULLALY and WALSH. Attree v. AttreeELR L. R. 11 Eq. 280. Dobson v. BownessELR L. R. 5 Eq. 404. Sanderson v. DobsonENRENR 1 Ex. 141; S. C. 7 C. B. 81. O'Toole v. BrowneENR 3 E. & B. 572. Re Greenwich Hospital Improvement ActENR 20 Beav. 458. Wilce v. WilceENR 7 Bing. 664. Roberts v. Sampson ......
-
Casey v Lalor and Others
...v. RobertsENR 7 Mees. & Wels. 382. Doe d. Wall v. LanglandsENR 14 East, 370. Morgan v. MorganENR 6 B. & C. 512. Saunderson v. DobsonENR 7 C. B. 81. Hodson 6 moo. P. C. Cas. 76. O'Toole v. BrowneENR 3 E. & B. 572. Roberts v. RobertsENR 7 M. & W. 382. D'Almaine v. MoseleyENR 1 Drew. 632. Stok......
-
Sanderson v Debson
... ... English Reports Citation: 50 E.R. 666 ROLLS COURT Sanderson and Debson 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, ... ...