De La Torre v Bernales
| Jurisdiction | England & Wales |
| Judgment Date | 01 November 1819 |
| Date | 01 November 1819 |
| Court | High Court of Chancery |
English Reports Citation: 56 E.R. 751
COURT OF THE VICE-CHANCELLOR OF ENGLAND
[398] jeffery and others v. sir J. C. honywood. Nov. 3, 1819. Devise to M. J. and to all and every the child or children, whether male or female, of her body lawfully issuing, and unto his, her and their heirs as tenants in common. Held, that M. J. took an estate for life, with remainder to her children, as tenants in common in fee. This was a bill for the specific performance of an agreement to purchase certain premises. The vendee objected a want of title. The question in the cause arose upon a will, by which the testator gave certain estates, subject to some charges thereon, unto his daughter Mary, the wife of T. W. Jeffery; and to all and every the child and children, whether male or female, of her body lawfully issuing ; and unto his, her and their heirs or assigns for ever, as tenants in common, and not as joint tenants. At the date of the will Mary Jeft'ery was living, but she died in the lifetime of the testator, leaving ten children, the Plaintiff's. The question was, whether one-eleventh share of the estates lapsed by the death of Mrs. Jeft'ery in the lifetime of the testator, and descended to his heir at law; or whether the entirety of the premises passed to the Plaintiffs under the will? In other words, whether Mary Jeffery was intended to take together with her children as tenants in common in fee ; or whether she was intended to take the whole for her life, with remainder to her children I Mr. Bell and Mr. Sugden, for the Plaintiffs. Mrs. Jeffery took otdy an estate for life. In Doe v. Burnsall (6 T. R. 30) there was a devise to the niece of A. 0. and the issue of her body as tenants in common, if [399] more than one ; but in default of such issue, or being such they should all die under the age of twenty-one, and without leaving lawful issue of any of their bodies, then over. This it was held gave otdy an estate for life to A. O. the niece. So in ddk v. Laming (2 Burr. 1100), there was a devise to A. C. and the heirs of her body lawfully begotten or to be begotten, as well females as males, and to their heirs and assigns for ever, to be equally divided, as tenants in common ; and it was held that A. C. took only for life, and the children in fee. In Hockley v. Mawbey (1 Ves. jun. 145), Mr. Lloyd cited an anonymous MS. case, which he had compared with the registrar's book, and found correct. A. devised to B. arid his heirs male...
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Woods v Woods
...without prejudice-to the exceptions, by striking out of the prayer the words which made it a prayer for relief : Delatorre v. Bernales (4 Madd. 396). [412] Mr. Shebbeare opposed the motion. His honor [Sir James Wigram] gave leave to amend without prejudice to the exceptions, the Plaintiff p......
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Woodall v White
...without prejudice-to the exceptions, by striking out of the prayer the words which made it a prayer for relief : Delatorre v. Bernales (4 Madd. 396). [412] Mr. Shebbeare opposed the motion. His honor [Sir James Wigram] gave leave to amend without prejudice to the exceptions, the Plaintiff p......