Strode against Perryer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 86 E.R. 871
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
[267] case 19. strode against perryer. A. having a son and a grandson, both of the name of Robert, devises land to his son Robert, and his heirs.-Robert the son dies in the life-time of the testator.-Afterwards the testator, with a view to re-publish his will, made a parol declaration of his intention that Robert his grandson should take the land by the said will,-This is (a) See the statutes 16 & 17 Car. 2, c. 8, and 4 & 5 Ann. c. 16. 872 TRINITY TERM, 29 CAR. 2. IN C. B. 1 MOD.268. not a sufficient devise to convey the lands to the grandson by force of the will.- S. C. Freera. 292, 477. S. C. 2 Mod. 313. S. C. 1 Eq. Ab. 407. S. C. 2 Lev. 243. S. C. Pollex. 546. S. C. Bay. 408. S. C. 1 Vent. 341. S. C. 2 Jones, 135. S. C. 3 Keb. 845. S. C. 2 Show. 63. S. C. 2 Danv. 534. Plowd. 345. Moor, 353, 47G. Cro. Eliz. 422. Dyer, 143. 5 Co. 68. Lutw. 735. 2 Leon. 70. Salk. 231. 8 Mod. 9,68,159. 10 Mod. 96, 371,467, 520. Fitzg. 225, 246, 314. 1 Vern. 30. 2 Vern. 106, 593, 624. Gilb. Eep. 4, 11. Free. Chan. 441. Abr. Eq. 406. Comyns, 381. 2 Peer. Wins. 136, 182. 3 Peer. Wins. 51, 354. Ld. Kay. 438, 1282, 1324. 2 Vezey, 56. 3 Com. Dig. "Devise" (E 5) (N 25). Cowp. 87, 840, 812. 1 Bro. Gas. Chan. 296. Dougl. 31. Pow. on Dev. 676, 678. Gilb. on Dev. 90. Ejectment. A man has a son called Robert. Robert has likewise a son called Robert. The grandfather deviseth the land in question to his son Robert, and his heirs. Robert the devisee dies in the devisor's life-time. Afterwards the devisor makes a new publication of the same will; and declares it to be his intention, that Robert the grandson should take the land in question per eandem wluntatem, instead of his father, and died. And all this was found by special verdict, upon a trial betwixt Robert the grandchild, and a daughter of the elder brother of Robert the first deviaee. Pemberton. The land doth not pass by this will. The devise to Robert became void by his death, and cannot be made good by republication. A publication cannot alter the words of a will, so as to put a new sense upon them. Land must pass by will in writing (a). Robert the grandson is not within this will in writing. The grandfather's intention is not considerable in the case. Skipwith contra. I agree the case of Brett v. Rif/den (b), to be law : but there are two great diversities between this case and that. First, there...
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