Sanderson v Dobson
| Jurisdiction | England & Wales |
| Judgment Date | 09 June 1847 |
| Date | 09 June 1847 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 59
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 16 L. J. Ex. 249: in Common Pleas, 7 C. B. 81; 137 E. R. 33 (with note): in Equity, 10 Beav. 478; 50 E. R. 666.
[141] sanderson v. dobron. June 9, 1847.-The word " estate " in a will does not of necessity include real property, but its meaning must bo taken as explained by the context. Thus, where a testator, after devising certain real estates by his will, proceeded, " 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 beat the time of my death," unto certain executors in trust, to dispose of the same as specified by the will:- Held, that the word " estate " did not pass real estate. [S. C. 16 L. J. Ex. 249 : in Common Pleas, 7 C. B. 81; 137 E. It. 33 (with note): in Equity, 10 Beav. 478 ; 50 E. R. 666.] 'phis was a. special case sent by the Master of the Rolls for the opinion of this Couft. Thomas Stapylton, late of Ley burn, in the county of York, deceased, duly made, signed, and published his last will and testament in writing, bearing date the 4th day 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 and figures following, that is to say : " Whereas I have lately contracted with Thomas Wray, of Agglethorp, in the parish of Coverluim, in the said North Riding, yeoman, for the sale to him of my freehold messuages, tenements, or dwelling houses, situate at Middleham, in the said North Riding, with the appurtenances thereunto belonging, at or! for the price or sum of ,240, but have never made or executed any conveyance thereof to the said Thomas Wray; therefore I give and devise all the said tenements, 60 SANDERSON V DOBSON 1 EX 142. messuages, or dwelling bouses at Middleham aforesaid, unto and to the use of John Robsou and Jonathan Sleigh, both of Leighbouin 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 Wiay, his heirs and assigns, or as he or they shall direct or appoint, and the receipt of them, the said John Robson and Jonathan Sleigh, shall be a sufficient discharge to the said Thomas Wray, his hens and assigns And I give and devise all my leasehold estate, called Skelton Coat, with the lights and appuitenances theie-unto belonging, situate, lying, and being neat Bellerby, in the parish of Spenmthome, in the said North Riding, now in the tenure 01 occupation of Chnstopher Tidy man, unto my dear sisters Margeiy Stapylton and Martha Stapylton, of Patuck Biotnpton, in the smd North Riding, [142] spinsters, then heirs, executors, administiators, and assigns, foi 01 during the teim of then natural lives, 01 the lives of the several peisons for whose lives the same are held, and the life of the longest bvei of them (subject to the yearly rent payable theieout), without impeachment of waste, and fiom and aftei the death of eithei of my said si&ters Maigery Stapj'lton and Maltha Stapylton without lawful issue, then I devise the whole of my said leasehold estate to the survivoi 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 lestof my household furnituie, books, linen, and china, except as heieinaftei mentioned, goods, chattels, estate, and effects, of what natuie or kind soever, and wheresoevei the same shall be at the time of my death, unto the said John Robson and Jonathan Sleigh, then executors, administrators, and assigns, in trust, as soon as conveniently may be, to sell and dispose of the aame, and to apply the money by such sale arising, towards payment of my debts and the legacy hereinafter mentioned, and to pay the sutplus, 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 piemises at Middleham to be leceived by my said trustees, securities foi money, and all other sum or sums of money that...
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