Ward v Downing
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1132
King's Bench Division
[10] ward versus downing. 2. In an ejections firrtue, brought by Miles Ward against Robert Downing, the case was thus : one Robert Brown was seised of certain lands in in the county of Norfolk, in his demesti as of fee (which were of the nature of gavelkind) arid had issue George his eldest son, William his middlemost son, and Thomas his youngest son, and being so seised 6 Decemb. 1559. made his testament in writing, by which he-devised the said tenements in these words. Item, I give unto Alice my wife the use and occupation of all my houses and lands, as well free as copyhold, during her natural life. Item, I will, that George my son shall have after the decease of his mother all those my houses and lands, whereof the use was given to his said mother for the term of her life, to have and to hold to him and his heirs for ever, and if the said George die without issue of his body lawfully begotten ; then I will my said lands shall in like manner remain unto William my son and his heirs for ever. And I will that all such money as shall be paid of any legacy by the said George, shall be allowed by the said William, to whom the said George shall appoint. Item, I will, that if the said George and William depart the world before they have issue of their bodies lawfully : then I will that all my said houses and lands shall remain unto Thomas my sou and to his heirs for ever. JOPHAH, 11. WAED V. DOWNING 1133 Item, that if the said George shall enjoy raj said houses and lands, then I will that the said George shall pay out of the said lands to William and Thomas his brother 2G1. 13s. 4d. that is to say, at his first entry into the said lands, to pay unto the said William his brother 40s. and so to pay yearly until the sum of 131. 6s. 8d. be fully answered arid paid, and then immediately to pay unto Thomas his brother 131. (is. 8d. to be paid uuto the said Thomas, when the said William shall be fully answered by 40s. a year, in like proportion as is aforesaid : and if my said son George shall refuse to pay uuto William and Thomas his brethren the sum of 261. 13s. 4d. in manner and form as is before limited, then I will that all my houses lands and tenements with the appurtenances remain to William my son and his heirs for ever, paying therefore 361. 13s. 4d.viz. 131. 6s. 8d. to George my son, and 131. 6a. 8d. to Thomas my son, in such manner and sort as the said George shall pay if he should enjoy the said lands : and if it fortune the said William to enjoy the said lands, then the said William shall pay unto Thomas his brother the whole sum of 261. 13s. 4d. as is aforesaid. After which the said Robert died seised of the said tenements in question, and his said wife entred into them for her life by virtue of the said will, in whose life time...
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