Spry v Bromfield
| Jurisdiction | England & Wales |
| Judgment Date | 30 January 1841 |
| Date | 30 January 1841 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 883
EXCH. OF PLEAS.
S. C. 10 L. J. Ex. 457: in Equity 9 Sim. 534; 10 Sim. 548, 599.
7M.&W.M6. SPRY V. BRQMFIELD 883 sf-ry v. bromfield. Exch. of Pleas. Jan. 30, 1841.-A testator devised his real estates at B., after the decease of his wife, to J. B., "but at his death the whole to be for J. B.'s wife and children, and which children, at the death of their mother, should inherit the same jointly during their lives ; and if the said children should die before they arrived at the age of 21, the testator willed that the estates should go to H. S., and to the use and benefit of him and his children," J. B. and his wife had five children, one of whom died in the lifetime of the testator, another died after his death under '21, and a third attained 2 I and died unmarried and intestate. The two surviving children, after the death of the testator's widow, and of their parents, executed a disposition under the 3 & 4 Will. 4, c. 74, for barring all remainders in the estates at B. :-Held, that these two children took an estate in fee-simple, as tenants in common, in the estates in question. [S. C. 10 L. J. Ex. 457 : in Equity 9 Sim. 534; 10 Sim. 548, 599.] The following case was sent by his Honour the Vice-Chancellor, for the opinion of this Court. Philip Bromfield, late of Rope Hill, in the parish of Boldre, in the county of Southampton, deceased, was at the time of signing and publishing his last will and testament hereinafter set forth, and thenceforth down to and at the time of his death, seised in fee simple of certain estates situate and being in the said parish of Boldre, and called or known by the name of the Rope Hill estate ; and being so seised, duly signed and published his last will and testament in writing, executed and attested as Was then by law required for passing freehold estates by devise, bearing date the 14th of February, 1799, arid thereby gave and devised as follows (that is to say) :-" To my executors in trust, who shall hereafter be named, I give all my estates real and personal, monies in the funds, outstanding debts due to me, and all other chattels, goods, and effects whatsoever I may die possessed of, to be disposed of by them as follows:-To ray wife Celia Bromfleld I give all my real estates, houses and lands, furniture, [546] plate, books, clothes, and linen, for her sole use and benefit as long as she shall live ; and within one year after my death I give the following legacies [stating them], I charge my estates at Lymitigton and Boldre, real and personal, with a rent-charge of j50 per annum to my sister Mary Bromfield, of Lymington, to be paid to her half-yearly during her life by my wife; and after her decease (if my sister outlives her), the said rent-charge to be continued to my said sister for the term aforesaid, by whoever may possess my houses, lands, and estate in Boldre parish: and at and after the decease of my wife, I give my houses, lands, and estates in the parish of Boldre to my cousin, the Rev. John Bromfield, subject to the rent-charge above mentioned, but at his death the whole shall be for the use of the said John Bromfield's wife and children; and which children, at the death of their mother, shall inherit the same jointly during their lives; and if the said children shall die before they arrive at the age of twenty-one, t will that my houses and estate in the parish of Boldre go to the Rev. Hume Spry, and to the use and benefit of him and his children." And after bequeathing a few specific legacies, the testator appointed his wife, Sir Giles Rooke (then one of the Justices of the Court of Common Pleas), and William Forsteen, executrix and executors of his will. The testator departed this life in the said year 1799, without having altered or revoked his said will, leaving the Rev. John Hume Spry, D. D., the plaintiff'in this Buit, (in the said will called the Rev. Hume Spry) his heir at law, and the will was proved by his widow and William Forsteen in the proper Ecclesiastical Court. The said Celia Bromtield, the widow of the testator, entered into the possession of the devised...
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