Wright on the demise of Ann Burrill otherwise Wallis, and Mary Burrill otherwise Wallis v Kemp
| Jurisdiction | England & Wales |
| Judgment Date | 20 November 1789 |
| Date | 20 November 1789 |
| Court | Court of the King's Bench |
English Reports Citation: 100 E.R. 682
IN THE COURT OF KING'S BENCH
wright on the demise of ann burrill otherwise wallis, and mary burrill otherwise wallis, against kemp. Friday, Nov. 20th, 1789. In order to effectuate the intention of the parties, the Court will construe the word "or" to mean "and " as well in a surrender of copyhold premises as in a will. In this ejectment which was tried at the last York Assizes, a verdict was taken for the plaintiff, subject to the opinion of this Court on the following case : Samuel Burrill, who was seized in fee according to the custom of the manor of Skipsea of the estate in question, on 1st February 1743 made a voluntary surrender of it to the use of himself for life, and from and after his decease to the use of Elizabeth his wife, during her widowhood ; and after his decease, and upon the marriage of Elizabeth, then to the use and behoof of William Wallis, son of Elizabeth, for his natural life; and from and after his decease to the use of the issue of his body (a) Vid. Tooke Hollitigworth, post, 5 vol. 215. 3T.R.471. WRIGHT V. KEMP 683 lawfully to be begotten; with a proviso that in case William Wallis should die in the lifetime of the surrenderor, or without issue of his body, then and thereupon all the surrendered premises should go to the right heirs of the surrenderor for ever. W. Wallis was the natural son of S. Burrill by E. Wallis, whom he afterwards married ; and he and Elizabeth Burrill both died in the life-time of the surrenderor; William Wallis left issue, the lessors of the plaintiff, who have been admitted tenants; and he bequeathed the tuition and guardianship of the persons and estates of the lessors of the plaintiff to his brother, J. Burrill, by will dated 25th April 1767, and died in the same year. S. Burrill died the 3d of April 1774. John, who was the eldest legitimate son of his father Samuel, was admitted tenant of the premises, as heir to his father, on 15th May 1775; under whom the defendant claims as a purchaser for a valuable consideration, though with notice of [471] the claim by Wallis's children, under the surrender in February 1743, and he has been also admitted. Lowndea for the plaintiff, after observing that the surrender ought to be construed so as to effectuate the intention of the parties consistently with the rules of law, contended that the limitation to the issue of the...
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