Yarnold v Wallis
| Jurisdiction | England & Wales |
| Judgment Date | 16 May 1840 |
| Date | 16 May 1840 |
| Court | Exchequer |
English Reports Citation: 160 E.R. 961
IN THE COURT OF EXCHEQUER IN EQUITY.
S. C. 10. L. J. Ex. Eq. 5; 4 Jur. 1156.
[160] yarnold v. wallis. May 9th, 16th, 1840.-Lands purchased after the date of a wfll held to pass by a eodicil made subsequently to their purchase; the codicil containing no expressions limiting the effect of the devise to lands comprised in the will. [S. C. 10 L. J. Ex. Eq. 5; 4 Jur. 1156.] William Yarnold by his will, dated the 5th November, 1823, gave, devised, and bequeathed, to his son William Yarnold, his heirs, executors, and administrators, all hi$ freehold estates and hereditaments, with the appurtenances thereunto respectively belonging, situate and being in the parishes of Finchley and Hendon, in the county of Middlesex, and his leasehold stables and hereditaments in Westminster But in case Ex dtv. xvr.-31 962 Y ARNOLD V. WALL1S 4 Y. ft C EX. 161. his said son William should die without leaving lawful issue, or leaving such which should happen to die before their attainment of the age or the respective ages of tswenty-one years, then the testator gave and devised the same freehold and leasehold dstates unto his son Benjamin Yarnold (the plaintiff), his heirs, executors, and administrators, sabject to his dying without issue, as thereinafter mentioned. The testator then devised and bequeathed other freehold and leasehold estates to Benjamin Yarnold, bis heifs,, executors, and administrators; but in case Benjamin should die without leaving lwiul issue, &c. [as before], then he devised and bequeathed the last-mentioned estates unto his said son William Yarnold the younger, his heirs, executors, and administrators. But in case of the death of both his said sons without leaving Uwful issue, then he devised the said estates to his son Charles, his heirs, executors, administrator, and assigns. In 1826 the testator purchased other freehold property in the parish of Finchley, which was duly conveyed to him in fee. He afterwards made a codicil to his will, bearing date the 24th March, 1827, which, as to the material part, was as follows ò- " A codicil to be taken as part of the laat will and testament of me William Yarnold," &c. "I do hereby give and empower my son William Yarnold, when in the possession of the estates given to him by my will, to charge the same or any part thereof, either by deed or [161] will, or by any codicil in the nature of a will, with any annual sum or sums of money not exceeding the yearly sum of £200, to his present wife, or to any future wife whom he, my said son, may afterwards marry, for the term of her natural life." Upon the death of the testator, in 1827, William Yarnold, the son, entered into possession of the estates at Finchley and Hendon, devised to him by the will, and also of the after-purchased premises at Finchley, and by indentures of lease and release, dated the 13th and 14th December, 1832, and by a tine levied in Trinity Term, 1833, in which his wife joined, he conveyed or intended to convey the last-mentioned premises to the defendant Walhs, who thereupon entered into possession of them. In October, 1834, William Yarnold, the son, died without issue. The bill was filed by...
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Grealey v Sampson
... ... In three— Beckford v. Parnecott ( 1 ), Yarnold v. Wallis ( 2 ), and Barnes v. Crowe ( 3 )—there was no confirmation; in the fourth— Doe d., York v. Walker ( 4 )—there was confirmation ... ...
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