Short v Long
| Jurisdiction | England & Wales |
| Judgment Date | 24 February 1717 |
| Date | 24 February 1717 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 1094
LORD CHANCELLOR.
Considered and explained, In re Saunders-Davies, 1887, 34 Ch. D. 482. Considered, In re Bawden, [1894] 1 Ch. 693. Referred to, Ker v. Ker, 1869, Ir. R. 4 Eq. 29.
[756] de term. S. hillarii, 1717, in curia cancellari& Case 661.-short versus long. [Considered and explained, In re Saunders-Davies, 1887, 34 Ch. D. 482. Considered, In re Bawden, [1894] 1 Ch. 693. Referred to, Ker v. Ker, 1869, Ir. E. 4 Eq. 29.] Lord Chancellor. Feb. 24 [1717]. [1] Eq. Ca. Ab. 114, pi. 7; [1 P. Wms. 403] S. C. A. devises his real estate to his son for life, remainder to his first, &c., son in tail, with remainders over, and devises a lease to his daughter, and dies not leaving assets to pay debts. The son and daughter shall contribute in proportion, each estate being liable at law, and the testator's intention equal between both. The testator devised his real estate to his son for life, and to his first and other sons in tail, with remainders over; and by the same will devises specifically a leasehold estate to his daughter, and made his son executor; the assets falling short to pay debts. The question was, whether the deficiency was to be charged upon the real, or upon the leasehold estate. [757] Lord Chancellor decreed the deficiency to be borne equally in proportion to the value of each estate; the fee-simple estate devised to the son, being Hable to debts by specialty, by the statute against fraudulent devises; and the leasehold, although specifically devised, is liable to debts, and both being devisedj the intention of the testator stands equally between the devisees; and both estates being liable, each ought to contribute its proportion.(l) (1) Vide S. C. better reported 1 P. Wms. 403, and a full statement of the case and the decree from the Register's Book, by Mr. Cox, in a note to the report of the principal case there. And note it there appears that the deficiency to fall in average upon the lands of inheritance went only as to specialty debts ; and said the real estate shall never be put in average with the personal; Warner v. Hayes, W. Kel. 3; 4 Vin. Ab. 468, pi. 9; 8 Vin. Ab. 442, pi. 5. So where settlement to pay £100 per ann. to the heir, and afterwards to raise £100 a-piece for younger children, to be paid to them according to their seniority, yet when deficiency, in assets, the younger children shall all be paid in average, Brathwaite v. Brathwaite, ante, 1 vol. 335. Where issue...
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