William Randall and George Russell, Susanna Russell and Ann Russell, Infants, Plaintiffs, and Susanna Russell Widow, and Another, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 11 August 1817 |
| Date | 11 August 1817 |
| Court | High Court of Chancery |
English Reports Citation: 36 E.R. 73
HIGH COURT OF CHANCERY
See Hardman v. Johnson, 1815, 3 Mer. 347; Cockayne v. Harrison, 1872, L. R. 13 Eq. 434 Trumper v. Trumper, 1872, L. R. 14 Eq. 310. Considered, Phillips v. Phillips, 1884, 29 Ch. D. 673.
[190] william randall, and (iuouob; uc/hshll, susanna russell ancf'.^nn ' russell, Infants, Plaintiffs, and susanna kussell Widow, and another, Defendants. Bolls. Feb. 11), Aw/. 11, 1817. [See Hardman v. Johnson, 1815, .'! Mer. ,'!47 ; Cockayne v. Harrison, 187*2, L. R. l.'i Eq. 4.'i4 ; Trumper v. Trumper, 187:2, L. Li. 14 Eq. :U(). Considered, Phillips v. Phillips, 1884, -2!) Oh. I). 07:5.] Testator gives " all his stock of cattle, horses and carriages," to his wife absolutely ; and gives his farm " and stock and crop liter eon," to his said wife during widowhood. Held, the live stock upon the farm given to the wife during widowhood, passed to her absolutely under the former clause. Testator, seized in fee of a moiety of an estate at L., and in possession of the other moiety as tenant from year to year to ft. ,/. (lollf.ije (his lease from the College having expired), gives to his wife, dura/nte viduitate, '' all that his messuage or tenement, with the farm and lands at L. and all his estate, and interest therein, she paying the rent reserved to SV. J. College," &c. The widow, after his death, obtains a new lease, and subsequently purchases the reversion of one to whom it had been conveyed by the College under an Act of Parliament. Held, that the renewed lease was taken subject to the trusts of the will, and those in remainder to contribute to the fine fiaid by the widow in proportions to be settled by the Master. Held, that the purchase of the reversion, not from the, College, but from the person to whom it had been conveyed by the College, was not, under the circumstances, to be taken subject to the trusts of the will. Qutrrf, ft the purchase had been from the College itself. This case arose on the following clauses in the will of George Russell, which was duly executed to pass real estates. " I give and bequeath all my household furniture, goods, plate, linen, china, 0, XVI.-3* 74 RANDALL V. RUSSELL 3 MER. 191. books, pictures, implements and utensils of household, and all such wines, liquors and provisions, as shall be in and about my house at my decease, and also all my stock of cattle, horses and carriages, and also the harness, furniture and trappings, thereto belonging, unto my wife Susanna Russell, her [191] executm-H, administrators, and assigns, absolutely, to and for her and their own use and benefit. Also I give and bequeath all that my messuage or tenement, with the farm and lands (and stock and crop thereon) called Longlands, situate and being at Foot's Cray, with the appurtenances, and all my estate and interest therein, unto my said wife Susanna Russell, and her assigns, for and during her natural life, if she shall so long continue sole and unmarried, she paying and discharging the rent payable to Saint John's College, Oxford, and all other outgoings for the same, and keeping the dwelling-house insured and in good and tenantable repair." And, after the death or second marriage of his said wife, the Testator gave the said messuage or tenement, lands and premises, to the persons thereinafter mentioned, as Trustees of his freehold and copyhold estates, " to the same uses, trusts, intents and purposes, as hereinafter mentioned concerning my other freehold and copyhold lands, tenements and hereditaments." And, after giving other benefits to his said wife, he gave, devised, and bequeathed all his freehold and copyhold messuages...
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