Tuckerman against Jefferies. [King's Bench Division]
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | Court of the King's Bench |
English Reports Citation: 88 E.R. 930
King's Bench Division
CASE 163. BROWN against DYER. Customary discents guided by the rules of common law.ùS. C. ante, 70, 73, 98. S. C. Holt, 165. Dyer, seised of copyhold lands in fee, in nature of burrough English, surrendered to the use of himself for life ; remainder to his wife for life ; remainder to the heirs of their bodies. Per Curiant. When a copyholder surrenders to the use of himself for life ; remainder to the wife for life ; remainder to the heirs of their bodies ; although there is no admittance pursuant to this surrender, the son shall have a fee-simple ; for his father's estate continues in the same plight, &c. The Court seemed clear, that the customary descent should be governed by the reason and rules of the common law (a). [108] CASE 164. TUCKERMAN against JEFFERIES. Jointenants or tenants in common.ùS. C. post, 108. S. C. Holt, 370. In an action of trespass, on not guilty pleaded, a special verdict was found, that Somaster, being seised in fee of the locus in quo, made a will thus " Item, I give unto the wife of Thomas Jefferies, and Elizabeth," the wife of another, " all my estate, to be equally divided between them for their lives ; and after their deaths, to the right heirs of one of them." The question was, whether this be a joint estate ; or, whether they are tenants in common'? V. Stile, 211. Adjourned till next term to be argued. Vide infra. EASTER TERM. The Sixth of Queen Anne, In the Queen's Bench. Sir John Holt, Kilt., Chief Justice. Sir John Powell, Knt,, Sir Lyttleton Powys, Kut., Sir Henry Gould, Knt., Justices. Sir Edward Northey, Knt., Attorney General. Sir Simon Harcourt, Knt., Solicitor General, CASE 165. TUCEERMAN against JEFFERIES. A devise of "all my estate to my two nieces to be equally divided between them during their lives, and from and after their decease to the right heirs of one of them," creates a jointenancy.ùS. C. ante, 108. S. C. Holt, 370. Devise of " all my estate to my two nieces, to be equally divided between them, during their lives ; and from and after their decease, to the right heirs of one of them," Mr. Eyres. That this is a joint estate. "To be equally divided," is a quality of a jointenaney, as well as to a tenancy in common; and the words " to be equally divided " is what the law implies. Stile, 211. 2 Roll. Abr. 90. 2 Leo. 70. If this should be construed, that they should take by moieties, it may happen that the right...
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