The last Seal before Hilary Term
| Jurisdiction | England & Wales |
| Judgment Date | 19 January 1740 |
| Date | 19 January 1740 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 471
HIGH COURT OF CHANCERY
Case 102.-egberts versus kussin, January 15, 1740. J; "'-. - v [Distinguished, In re Bobson [1891], 2 Oh. 559.] S. C. Barn. Cha. 259.-A party who is at liberty to surcharge and falsify, is not merely confined to errors in fact, but may take advantage of errors in law.-A devise of 200 on a mortgage passes the principal only.-A gift of 300 upon a bond does not carry the interest incurred in the testator's life-time.-A devise in express words, is not extended by subsequent general ones.-Money will not pass by a devise of all goods and things of every kind, where the devisee has a money legacy at the outset of the will. Where this Court, said Lord Chancellor, by a decree give directions to a Master to examine accounts, and the parties are at liberty to surcharge and falsify, you are 2ATK. 113. GRAY V. COCKERIL 471 not merely confined to errors in fact, but you may take advantage likewise of errors in law. Owen Roberts, in 1711, made his will to the following effect. I give to my son Thomas Roberts 200, secured by a mortgage on the estate of Mr. Harriot, and all the messuages, lands, and tenements for securing the same. Lord Chancellor. This intitles the devisee to the principal only of the mortgage, and not to the interest from the time of the execution of the will, nor from the death of the testator, or any other time whatever. If a man give three hundred pounds due upon a bond by his will, this does not carry the interest incurred in the life-time of the testator, because it is quite doubtful what it might amount unto, from the uncertainty of the time the testator might live after making his will. [113] Where there is a devise in express words, the construction in this court is, that subsequent general words shall not extend it further than the natural meaning of the preceding ones will do. A. by his will devises to his daughter all goods and things of every kind and sort whatever which shall be found in her closet at the time of his death : the question whether 45, Os. Id. in money found in it at his death will pass to the daughter by that devise. Lord Chancellor. If this will had been construed strictly in law or equity, I am of opinion it would not have...
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