Bowyer v Blair

• Jurisdiction: Ireland
• Judgment Date: 12 November 1839
• Date: 12 November 1839
• Court: Queen's Bench Division (Ireland)

QUEEN'S BENCH.

BOWYER

and

BLAIR.

Bradley v. Westcott 13 Ves. 453.

Jennor v. HardiesENR 1 Leon. 283.

Anon.ENR 3 Leon. 71.

Goodtitle v. Otway 2 Wilson, 6.

Elton v. ShephardENR 1 Bro. C. C. 532.

Doe d. Herbert v. Thomas 3 A. & El. 127.

Barford v. Street 16 Ves. 135, 139.

Roe v. Yeud 2 New R. 221.

Doe v. RoutENR 7 Taun. 82.

Church v. Mundy 15 Ves. 406.

Bridgewater v. Duke of BoltonENR 6 Mod. 106.

Nicolls v. Butcher 18 Ves. 195.

Hogan v. Jackson Cow. 299, 304.

Doe v. LainchburyENR 11 East, 290.

Doe v. LanglandsENR 14 East, 370.

Doe d. Morgan, v. MorganENR 6 B. & C. 512.

Edwards v. BarnesENR 2 Bing. N. C. 25.

Tilly v. SimpsonENR 2 T. R. 659, note.

Hopewell v. Acklad Comm. R. 163.

Doe d. Evans v. Evans 1 Perry & D. 472.

Arnold v. Arnold 2 Myland & K. 365.

Barclay v. CollettENR 4 Bing. N. C. 668.

Goodright v. DevonshireENR 2 Bos. & Pul. 600.

Doe v. FossickENR 1 B. & Ad. 186.

ENR 1 B. & Ad. 186, 189.

Lessee of Crowe v. Noble Smith & B. 29.

Downes v. SimpsonENR 4 Russ. 334.

Morrant v. GoughENR 7 B. & C. 206.

Bradly v. Westcott 13 Ves. 445.

Reid v. Shergold 10 Ves. 370.

Adamson v. Armitage 19 Ves. 418.

AnonENR 3 Lev. 71.

Jennor v. HardiesENR 1 Lev. 283.

Goodtitle v. Otway 2 Wils. 6.

Doe d. Herbert v. ThomasENR 3 Ad. & E. 123; S. C. 4 New. & M. 696.

Irwin v. Farrer 19 Ves. 85.

Lessee of Crowe v. Noble Smith & B. 12, 33.

Goodright v. the Marquis of DownshireENR 2 Bos. & P. 600.

well v. Ackland Comyn R. 164.

Doe d. Morgan v. MorganENR 6 B. & C. 512.

Edwards v. BarnesENR 2 Bing. N. C. 252.

Adamson v. Armitage 19 Ves. 419.

Jones v. CloughENR 2 Ves. Sen. 365.

daniel v. Uply Lache's R. 9, 39, 134; S. C. Sir W. Jones, 137, and Noy's R. 80.

Anon 2 Keeling C. C. 6.

Sug. on Pow. 121; Nannock v. Horton 7 Ves. 391.

Tomlinson v. DightonENR 1 P. Wms. 149.

Doe d. Thorley v. ThorleyENR 10 East, 438.

Wilson v. Major 11 Ves. 205.

Briden v. Hewlett 2 Myl. & K. 90.

Timewell v. PerkinsENR 2 Atk. 102.

Comfield v. GilbertENR 3 East. 516.

Berry v. Usher 11 Ves. 87.

Helling v. Yeud 2 New R. 214.

Johnson v. TelfordENR 1 Russ. & M. 244.

Doe d. Bunny v. RoutENR 7 Taunt. 79.

Doe d. Hurrell v. HurrellENR 5 B. & Al. 18.

Wallam v. Kenuorthy 9 Ves. 137.

Gulliver v. Poyntz 3 Wils. 141.

Tomlinson v. DightonENR 1 P. Wms. 149.

Doe v. MorganENR 6 B. & C. 512.

Roe v. PattisonENR 16 East, 221.

Patton v. RandallENR 1 Jac. & W. 189.

Doe v. EvansENR 1 P. & Dav. 472.

Church v. Mundy 12 Ves. 426.

Mostyn v. ChampneysENR 1 Bing. N. C. 341.

Doe v. FossickENR 1 B. & Ad. 189.

Doe d. Pell v. JeyesENR 1 B. & Ad. 593.

Ridout v. PainENR 3 Atk. 493.

Doe v. Scott 3 M. & Sel. 300.

Peacock v. MonkENR 2 Ves. Sen. 190.

Doe v. JonesENR 10 B. & C. 459.

WILL CONSTRUCTION OF FEE-SIMPLE ESTATE ESTATE FOR LIFE POWERS.

149 QUEEN'S BENCH. Monday, November 12th. WILL-CONSTRUCTION OF-FEE-SIMPLE ESTATE- ESTATE FOR LIFE-POWERS. BOWYER V. BLAIR. THE following case was sent from the Court of Chancery, for the Where the tes opinion of the Court of Queen's Bench: - tator being seized in fte of Charles Frederick Abbott, Esq. being seized in fee of certain freehold certain fiee- premises, premises in the barony of East Carberry and Kinalmeaky, and county of hold devised same will and testament, in writing, duly executed and attested, for passing Cork, did, on the 6th of January, 1811, duly make and publish his last toeut uohsnet e e s , trst;u&sct: freehold estates, which will is in the words and figures following, that 49 receive and take the rents is to say:-" In the name of God, Amen.-I Charles Frederick Abbott, &c. thereof, " of Church-lane, in the parish of St. Luke, Chelsea, in the county of and pay and apply the same "Middlesex, Esq., being sick and weak of body, but of sound mind, unto my dear "memory, Mary memory, and understanding, do make this my last will and testament in Mar own " manner following (that is to say)-First, I desire that all my just debts sole and sepa rate use, not " and funeral expenses be paid and satisfied., and I give, devise, and withstanding "bequeath all that my freehold estate, situate in the baronies of East anyfuturehu- s band she may " Carberry and Kinalmeaky, and in the county of Cork, in Ireland, with marry, and that ; "the appurtenances, unto my friends Morris Hughes and Robert Horn, only thero mreceypt "both of Chelsea, aforesaid, their heirs and assigns, to hold to them, trustees shall be good and of " their heirs and assigns, from and immediately after my decease, upon fectual dis- "the trusts following (that is to say), upon trust to receive and take the charges from time to time for "rents, issues, and profits thereof, and to pay and apply the same unto the same, and - "my dear wife Mary Anne, for her own sole and separate use, notwith- from and i ter the decease " standing any future husband she may marry, and that her receipt of my said dear " only to my said trustees shall be good and effectual discharges, from wife, in trust "time - for time to time, for the same, and from and immediately after the decease such person or persons, and in such manner and form as my said dear wife shall, by any deed or will duly executed and attested, give, direct, and appoint the same ; and I give, devise, and bequeath unto my said dear wife, all and singular my goods, chattels, monies, debts to me, monies in the funds, and effects and property, of what nature or kind soever the same may be, for her own sole and absolute use for ever." And he then appointed his wife sole executrix of his Held, that under the, clause of the will which terminates with the words " direct and appoint the same," the testator's wife took in the freehold premises thereby devised to her an estate for her life only, with a power of appointment by any deed or will duly executed and attested, supposing such estate or interest to be legal, and not equitable. Held, ale-,, that under the clause of said will, commencing with the words, "And I give, devise, and bequeath unto my said dear wife," she took an estate in fee-simple in said freehold premises, contingent upon her not exemiting the power of appointment given to her by said will, and supposing such estate to be legal, and not equitable. 150 CASES IN THE QUEEN'S BENCH. "of my said dear wife, in trust* for such person or persons, and in such " manner and form as my said dear wife shall, by any deed or will, duly " executed and attested, give, direct, and appoint the same. And I "give, devise, and bequeath unto my said dear wife Mary Anne, all and " singular my goods, chattels, monies, debts to me owing, monies in the "funds, and effects and property of what nature or kind soever the " same may be, for her own sole and absolute use, for ever ; and I nomiÂÂ" nate, constitute and appoint the said Morris Hughes, Robert Home, and " my said dear wife Mary Anne, the sole executors and executrix of "this my last will and testament, hereby revoking and making void all "former and other wills by me at any time heretofore made, and "declaring this only to be my last will and testament. In witness " whereof," &c. This will was dated the 6th of January, 1811, and was attested by three witnesses ; and the testator died on the said 6th of January, withÂÂout having altered or revoked said will, leaving the said Mary Anne Abbott and the said Morris Hughes and Robert Horne him surviving. The questions for the opinion of the Court were-first, What estate or interest (if any) did Mary Anne Abbott take in said freehold preÂÂmises under the clause in said will which terminates with the words " direct and appoint the same," supposing such estate or interest to be legal and not equitable ? Second, What estate or interest (if any) did the said Mary Anne Abbott take in the said freehold premises under the clause in the will commencing with the words " and I devise and " bequeath unto my said dear wife," and supposing such estate or inteÂÂrest...