Wilson v Eden
| Jurisdiction | England & Wales |
| Judgment Date | 04 November 1850 |
| Date | 04 November 1850 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 329
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 20 L J Ex 73 in House of Lords, 4 H L C 237, 10 E R 461 (with note) in Equity, 11 Beav 317, 51 E R 735 (with note) in Queen's Bench, 18 Q B 472, 118 E R 179 (with note) For former proceedings see 1 Eq 772
[752] wilson o edkn Nov 4, 1850 -A testator, by will made in 1815, after grvirrg certain legacies, bequeathed "all the rest, residue, and remainder of hrs personal estate, goods, and chattels, whatsoevet and wheresoever," subject to the payment of his debts and legacies, to D " absolutely, to and foi his own use arrd benefit" The testator further devised "all and singular his manors, lectones, advowsous, messuages, lands, tenements, trthes, and heredrtameiits, situate, lying, arrsmg, or being at or near \Vindlestorie, in the county of Durham, and "all other hrs teal estate" 111 the said county, "and all his estate and mteiest therein, to trustees, to the use of L) foi life, and, after Ins decease, to the use of the hist and other sons of D in tail male " I) died in the lifetime of the testator, who, in 1841, made a codicil, whereby he appointed another executor, arrd tatihed, con fumed, and re-published his will The testatoi, at the time of his death, was possessed of both freehold and leasehold estates in the county of Durham -Held, that the will, havrng been re-published by the codicil, must, accoiditig to the provisions of the .34th section of 1 Viet e M, be deemed to have been made at that date , and theiefore, by virtue ot the 2()th section, the leaseholds passed to the trustees under the general devrse of the real estate, no contrary intention appearing on the face of the will [H C 20 L J Ex 7J in House of Loids, 4 H L C 2." 7 , 10 E li 4bl (with note) in Equity, 11 Eeav 2.S7 , 14 I'eav :U7 , ò" ! E R 1An (with note) in Queen's Bench, 18 Q B 472 , 118 E R 179 (with note) For former proceedrngs see 1 Ex 772 ] By ordei of the Master of the Rolls, the following case was stated foi the opinion of this Court - Srr Robert Johnson Eden, late of VVindlestone, in the county of Durham, Bait, duly made and published his will, dated the 14th of Aprrl, A I) 181." , and after directing the payment of all hrs debts, funeral and testamentary expenses, and after grving certain annuities (with thu payment of which he chatged hrs teal estates), and after giving ceitam legacies, he thereby gave and bequeathed as follows -"Igive and bequeath all the test, residue, and rernarnder of inv personal estate, goods, and Chattels, whatsoever and wheresoever, after and subject to the payment of my just debts, funeral and testamentary expenses, and the said legacies and bequests (except the said annuities) hereinbefore by me given as afore&.tid, arid all my estate and (a) Pollock, C B, Paike, B, Alderson, B Ex DlV xl-11* 330 WILSON V. EDEN 5 EX 753 intenest theieiti, unto mv brothei, Morton John Davison, Fsq, Lite Mm ton John Erlei, absolutely, to and fot his own use and benefit " And the said testator ave tnd devised as follows -"I give and devise all and singular Tiiy manors or loidships, rectories, advowsons, messuages, lands, tenements, tithes, and hereditaments, situate, lying, arising, and being at or neai Windlestone, West Auckland, St Helen's Auckland, and pishop's Auckland, in the county of Duiham or in the city of Durham, and Uiigiul, in ttye county of York, and a parcel of land purchased by rne of the late Mis Mary Lambton, at Ro-[753]-manby, near North Alleiton, in the North ttidmg of the county of York, and all other my leal estates in the said counties of Dutham and Yoik, and elsewhere in Great Britain, and all my estate and interest thetein, unto Robert Eden Duncombe Shafto, of Whitworth, in the county of Durham, Ksq , William Nesheld, of Brancepeth, nr the county of Duiham, clerk, and 'Ihomas Hoppei, of the city of Durham, Esc], and their heirs, subject to the said annuities s i given and devised as afcresaid , Tu bold the same unto the haul R E D Shafto, \V Nesheld, and T Hopper, and their heirs^ subject as aforesaid, to and for the several uses, upon the trusts, and to atid for the intents and purposes, and under and subject to the powers, provisoes, declarations, and limitations hereinafter limited, declared, 01 expressed of and concerning the sarne, that is to say, to the use of my said biother, the said Morton John Davison, and his assigns, for and dining the term of his natuial life, without impeachment of or for ajiy manner of waste , and from and immediately after the determination of that estate by forfeitme or otheiwise in his lifetime, then to the use of the said Robert Eden Duncombe Shafto, William Neshulrl, and Thomas Hopper, and their heirp, during the life of the said Morton John Davi^on, upon trust to suppott and pieaerve the contingent uses and estates heieinafter limited fiorn being defeated or destroyed, and for that purpose to make entries and bring actions, as occasion shall require, but nevertheless to permit and suffer the said Morton John Davison and his assigns, during his life, to receive and take the rents, issues, and piofits of the said heie/hkiments and premises, to and foi his or their own use and benefit and from and'immediately after his decease, to the use of the first son of the said Morton John Davrson, lawfully begotten, and of the heirs male of the body of such first son lawfully issuing, and for default of such issue, to the use of the second, third, fourth, and all and every other the [754] son and sons of the said Morton John Davison, lawfully to be Hegotten, severally, successively, arid in remainder, one after another, as they shall be in seniority of age and prrority of birth, and of the seveial and lespective heirs male of the body and bodies of all and every such son and sons lawfully issuing, the elder of such sons, and the heirs male of his body, being always to be preferred and tales befoie the younger of such sons, and the heirs male of his and their body or bodies, and in the default of such issue, to the use of Sir William Eden, Bart, his heirs and assigns for ever." And the said testator thereby constituted and appointed the,said Morton John Davisou executor of his said will The testatdr afterwaicls signed and published a testamentary paper, bearing date the 9th of Match, 1835, purporting to be a codicil to his said will, and containing eertp/m additions to and alterations of the annuities bequeathed by his said will, but not in any other manner affecting such will Morton John Davison, the brother of the testatoi, and the sole executoi named in t|ie will, died on the J8th of June, 1841, in the lifetime of the testator, and without evej having had any issue, and after hrs death, the testator duly signed and published another codicil to his said will, in the words and figures following -"This is a codicil to the last will and testament of me, Sir Robert Johnson Eden, of Windlestone, in ^he county of Durham, Bait, which will is dated the 14th day of April, 1813 Whereas, by my said will, I appointed as the executor thereof my late only brothel MoJ-ton John t avisori, Esq , who dred on the 28th day of June last Now I do, by thiff codicil, appoint my nephew, John Methold, Esq, the sole executoi of my said will And I hereby...
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Wilson v Eden
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