Townson v Tickell
| Jurisdiction | England & Wales |
| Judgment Date | 06 November 1819 |
| Date | 06 November 1819 |
| Court | Court of the King's Bench |
English Reports Citation: 106 E.R. 575
IN THE COURT OF KING'S BENCH.
Referred to, siggers v. Evans, 1855, 5 El. & Bl. 383; Peacock v. Eastland. 1870, L. R. 10 Eq. 21.
[31] townson ag&inst tickell and another (a). Saturday, November 6th, 1819. A devisee in fee may by deed, without matter of record, disclaim the estate devised. [Referred to, Siggers v. Evans, 1855, 5 El. & Bl. 383; Peacock v. Eastland, 1870, L. E. 10 Eq. 21.] Covenant by one of two devisees, of the reversion against the defendants, as lessees. The declaration stated that one Jacob Astley, being seised in fee of part, and possessed for long terms of years of other parts of the premises, by indenture, demised the same for certain terms therein mentioned, to the defendants; that J. Astley, by his will, devised the reversion of the demised premises unto the plaintiff and one John Lock, and that he appointed his daughter, Harriet Anne Bush, his executrix, and Joseph Astley and the plaintiff and John Lock executors of his will. It then stated the death of Astley, and averred, that John Lock never would or did assent to the said will, nor to the appointment of him the said John Lock therein contained, to be one of the executors thereof, nor to any bequest or devise therein contained, nor in any manner prove or join in the proof of, or act as or become an executor, or take upon himself the execution thereof; but always from the time of the death of the said Jacob wholly omitted and refused so to do, and on the contrary thereof, afterwards, to wit, on the 18th day of May, 1818, at, &c. by his certain deed, sealed with his seal, duly renounced the execution thereof; and afterwards, on the 19th May, in the year last aforesaid, by his certain other deed, the date whereof is the same day and year last aforesaid, absolutely disclaimed and renounced all and singular the estate and estates, trusts, powers, and authorities by the said will [32] devised, limited, created, or declared; and the said Harriet Anne, Joseph, and the plaintiff, afterwards, on the 25th of June, in the year last aforesaid, duly proved the said will, and took upon themselves the burthen of the execution thereof; and the plaintiff, afterwards, on the day and year last aforesaid, assented to the said devise and bequest of the said residue of the said reversion to him the said plaintiff in the said will contained, whereupon he became and was continually from thenceforth, until and at the several times thereinafter mentioned, remained and continued seised and possessed of the reversion of and in the said residue of the said demised premises; that is to say, seised of such reversion of and in divers parts of such residue in his demesne, as of fee, and possessed of such reversion of and in the other parts of such residue, for the residue of divers of the said long terms of years, then and still to come and unexpired. The declaration contained breaches of covenant, &c. General demurrer and joinder. The case was argued by Manning, in support of the demurrer. The legal estate in these premises was, by virtue of this devise, in Townson and Lock jointly. Generally speaking, an estate of freehold cannot pass unless the change of possession be noted by livery of seisin, or matter of record; at common law there was no exception to this rule: by custom, indeed, or by virtue of the Statute of Wills (32 H. 8, c. 1), an estate may pass by devise, without livery of seisin. In that case the estate passes...
To continue reading
Request your trial
-
Rajabali Jumabhoy and Others v Ameerali R Jumabhoy and Others
... ... The legal position is clearly explained in the following passage from Abott CJ`s judgment in Townson v Tickell (1819) 3 B & Ald 31, at pp 36-37: ... The law certainly is not so absurd as to force a man to take an estate against his will ... ...
-
Motor Insurers Bureau of Ireland v Stanbridge and Others
...WILSON 1903 2 CH 494 STRATTON'S DEED OF DISCLAIMER, IN RE; STRATTON & ORS v INLAND REVENUE CMRS 1957 2 AER 594 TOWNSON v TICKELL & ANOR 1819 3 B & ALD 31 PARADISE MOTOR CO LTD, IN RE 1968 1 WLR 1125 PARSONS, IN RE; PARSONS v AG 1942 2 AER 496 MORONEY, IN RE 1887 21 LR IR 27 BANKRUPTCY (IREL......
- Bank of Ireland and Others v Domvile
- Attorney General v Parsons