Strong, Clerk, v Teatt, Lessee of Mervyn et Al'
| Jurisdiction | England & Wales |
| Judgment Date | 01 February 1769 |
| Date | 01 February 1769 |
| Court | Court of the King's Bench |
English Reports Citation: 97 E.R. 628
IN THE COURT OF KING'S BENCH
S. C. 1 Bl. 200.
Applied, Roe v. Reade, 1799, 8 T. R. 122; Welby v. Welby, 1813, 2 V. & B. 195. Distinguished, Crowe v. Noble, 1824, Smith & Batty, 36. Not applied, Ford v. Ford, 1848, 6 Hare 494; In re Bellis's Trusts, 1877, 5 Ch. D. 508.
[9121 strong, Clerk, versus teatt, Lessee of Mervyn et Al'. Friday, 1st Feb. 1769. [S. C. 1 Bl. 200.] Words may be supplied to restrain the generality of a devise (so as to except a reversion) if the intent of the testator can be collected from other parts of his will. [Applied, Roe v. Reade, 1799, 8 T. R. 122; Welby v. Welby, 1813, 2 V. & B. 195. Distinguished, Crowe v. Noble, 1824, Smith & Batty, 36. Not applied, Ford v. Ford, 1848, 6 Hare 494; In re Bellis's Trusts, 1877, 5 Ch. D. 508.] The six lessors of the plaintiff, in Ireland, were Mervyn Fanning, Arthur Mervyn, Henry Carey, Wesley Harman, Eleanor Irvine, or Irvin, atid Anne Mervyn : but only three of the six demises, viz. those of Wesley Harman, of Eleanor Irvine, and of Anne Mervyn, (who all claim by virtue of the devises to the testator's daughters,) were material. This was a writ of error, brought upon a judgment given by the Court of King's Bench, in Ireland, for the plaintiff in ejectment. % At Lent Assizes 1758. 2 BURR. J13. STRONG V. TEATT 629 The ejectment was brought for lands in the county of Tyrone; and upon the trial, a special verdict was found. The special verdict first states a long pedigree of the family of the Mervyns ; and also several deeds, not necessary to be here taken notice of, (as no question at all arises upon them). Then it finds, that Audley Mervyn, Esq. and Henry his son, on the marriage of the said Henry with Mrs. Mary Tichburn, executed deeds of lease and release dated the 21st and 22d of December 1711 : and that, in pursuance thereof, a fine was levied, and a recovery suffered, whereby the manor of Arlestown in Tyrone, (of which the premises in question are part,) was settled, in strict settlement, on the said Audley (the father) for life; then on the said Henry (his son) for life; then on the first and other soua of Henry, &c. and the issue of that marriage (in common form,) with several terms, powers, and provisoes; with the reversion in fee to the said Audley, the lather. (Which marriage took effect; but there was no issue of it.) That Audley Mervyn had issue, besides the said Henry (his eldest son,) three other sons, viz. Audley, James, and Theophilus ; and four daughters, viz. Lucy, (who, in her father's life-time, married with Wentworth Harman,) Eleanor, (one of the lessors of the plaintiff, and who afterwards married with Christopher Irwin, who has been many years dead,) Anne (one of the lessors of the plaintiff, who married James Mervyn, otherwise Eichardson, long since dead,) and Jane. [913] That the said Audley the elder, being seised as the law requires, of the said lands and tenements, on the 15th of June 1717, duly made and published his last will and testament, in writing; whereby, after reciting "that he was desirous to make the best provision in his power, for the support of his children and the peace and settlement of his family," he devised as follows; viz. " And as to the worldly estate wherewith it has pleased God to bless me, I give and bequeath the same, in manner following. I give and bequeath to my dearly beloved wife Olivia, to her proper use and benefit, all my plate, and household goods and furniture of what kind soever, and also my coach and horses, and their harnesses, and three saddle-horses. I also constitute and appoint my dear wife sole executrix of this my last will and testament; and do give and bequeath unto her all the rest and residue of my personal estate, of what kind soever. And I do hereby will and require my said executrix, as soon as she conveniently can, after my death, to sell all the rest of my horses and all my stock of cattle; and to apply the money arising by such sale, and all such debts as are or shall at the time of my death be due to me, (particularly the sum of 11001. due to me by judgment affecting the estate of Richard, late Earl of Bellamont, the sum of 10001. due to me by my son Henry Mervyn, and a debt of 10001. or 12001, due to me by Hugh Mervyn,) and also all arrear of rents which are or shall become due unto me, to the payment and discharge of such sums of money as shall be due by me, to any person t r persona at the time of my death. And to the intent that all my debte may be honestly and truly paid and discharged.- "I do hereby give and devise to my said dear wife Olivia and her heirs, all that and those the towns, lands and tenements, &c. &c. (specifying them by their particular denominations;) all which lands and tenements are situate, lying and being in the county of Tyrone; as also the town and lands of, &c. all which last mentioned lands are situate, lying and being in the barony of Duleek, and county of Meath; and also all other the lands, tenements and hereditaments in the said counties of Tyrone and Meath, or either of them, whereof I am seised in fee simple, or of which any other person is seised in trust for me; together with their and every of their appurtenances ; to the use, intent and purpose that my said dear wife shall take and receive out of the said lands, as an addition to her jointure, one annuity or yearly rent charge of 1001, per annum, during her natural life, to her own proper use and benefit: and to this further use and purpose, that my said wife may, by sale of such of the said lands hereby to her devised, raise so much money as may be sufficient to pay off and discharge such of:the said debts, as shall not be paid off and discharged out of my personal estate. [914] And as to so much part of the said lands and tenements as shall remain unsold, to the use following, (subject nevertheless to the payment of the said sum of 1001. per annum to my said dear wife during her natural life;) viz. to the use of my son Audley Mervyn, for and during his natural life; and from and after his death, to the use of his first and every other son and sons severally and successively, and to the heirs male of their several and respective bodies; and for want of such 630 STRONG V. TBATT 2 BURR. 915. issue, to the use of my son James, for and during his natural...
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