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Confirms an estate before
ments of husbandry whatsoever, which shall be at, in, or upon or about my estate at
aforesaid, at the time of my decease, to and for her own proper use absolutely, for ever; also I confirm to her
my said wife the surrender made to her use, for life, settled upon her, and adds a fyr. of my copyhold estate at
And I do ther life-estate hereby give and devise unto her my said wife all
my freehold estate, with the appurtenances at
aforesaid, to hold the same to and for the use of her my said wife A. and her assigns, for and during the term of her natural life, (if she shall so long continue my widow) she keeping the
same in repair, and paying the quit rents (if any) With a power of and taxes: and I give to her, during the continuance leasing.
of her respective estates, full power to grant leases of the said freehold premises, and also of the said copyhold premises, so far as the custom of the manor will allow, for any term or terms not exceeding three years, in possession and not in reversion, $0 as the best improved rents be reserved incident to the reversion without taking any fine, and the lessees be not made dispunishable for waste, and so as there be contained therein a proviso for re-entry for nonpayment of the rents thereby reserved, and so as such lessees do execute counterparts of such leases, and covenant for the due payment of such rents; and as to, for, and concerning the remainder or reversion of the said copyhold estate so surrendered to the use of my said wife for her life, expectant on her decease, and as touching and concerning the said freehold premises hereinbefore given to her during her widowhood, from and im
money, &c. stock upon his farm,' with the implements of bus. bandry, and all his personal estate of what kind or nature soever, to his executors, in trust to pay debts and legacies, it was held that the devise of the stock on the farm carried the standing crops of corn from the devisee of the land to the executors, though there were assets to pay all the debts and legacies without that aid; 8 East. 339 and see Chi 1, P. 8, of this treatise.
mediately after her decease or second marriage, which shall first happen, and also as to, for, and concerning all other my manors, messuages, farms, lands, tenements, and hereditaments (2) situate and being in the said county of
and in the counties of
and where, freehold, copyhold, and leasehold, whether in
(2) The general words messuages, farms, lands,' are sufficient to carry copyhold as well as freehold, if such appears to be the gene. ral intention of the testator, 9 East. 448, Doe d. Belasyse v. Earl of Lucan.
An estate, whether strictly copyhold to all intents and purposes, or customary estate, the freehold of which is in the lord, may pass under the description of copyhold in a will, the intention being manifest, 7 East. 299. Doe d. Cook v. Danvers; and even where the freehold is in the tenant, if the lands are generally and popularly reputed copyhold, and the intent is apparent, they will pass under the description of copyhold, 5 East. 57, Roe d. Conolly v. Vernon.
The word lands, prima facie, is applicable only to freeholds, 3 Bro, C. C. 188, Lindop v. Eborall; but it may include all des. eriptions where the intention is apparent; 2 Bos. et Pull. 303, Thompson v. Lawley. And where the testator has only leaseholds they will pass by this word, for otherwise the will would be void, 2 Atk. 451, Knotsford v. Gardiner, Cro. Ca. 293, 1 P. Wms. 286, 3 P. Wms. 26, 1 Vez. 272, 2 P. Wms. 456, 459, Ambl. 356. But • lands' has been held not to pass leaseholds, if there is afterwards a particular bequest of personal estate' to another; see 1 H. Bl. 26, note. It appears to be fully settled that · lands' will carry a • reversion,' 3 Atk. 492, Allen, 28, 8 Vin. 294, pl. 7. Manors' should always be added where such are meant to pass ; for though if a man have only a manor in Dale, the words lands and hereditaments in Dale' will pass the manor as an hereditament; yet if he have a manor in Dale, and also land there, not parcel of the manor, it is said to be a question whether the manor will pass by a devise of all my lands,' 3 P. Wms, 322, Haslewood v. Pope.
The word estate' or ' estates' or property,' in a will, generally passes the fee, and words of local description, if added, will not restrain the effect of this word; as if a testator devise all his estate known by the name of s, in the parish of Roe d. child and wife v. Wright, 7 East, 259; but these words may be restrained in their sense and effect, as where the general phraseology and associated words shew something less to have been intended by them, 9 Vez. jun. 137, Woolham v. Kenworthy, 2 N. R. 214, Roe v. Yeud. And where A. seised of lands in fee, by will, gave several legacies, and in the succeeding sentence gave the rest of his
An the residue possession, reversion, remainder, or expectancy, of his estates, of whereof I have power to dispose, I give, devise,
and bequeath the same, and all my estate and interest therein respectively, unto and to the use of my wife A. and my friends
and according to the nature of the same estates To raise, by sale respectively, upon the trusts, nevertheless, and for
the intents and purposes, and with, under, and subshall be sufficient ject to the powers, provisos, and declarations hereto make good any deficiency of inafter expressed and declared of and concerning the personal cs- the same respectively, (that is to say) upon trust, cate in paying the legacies,
that they the said trustees, or the survivor or survi. debts, &c. vors of them, or the heirs, executors, administrators,
or assigns of such survivor, do and shall, by sale or
estate, chattels, real and personal, &c. to J. S. it was held that nothing but his chattels passed by the word estate : but where the words were • all my goods, chattels, and personal estate, together with my real estate,' the land and inheritance were held to pass, notwithstanding the accompanying words, 3 Atk. 486, and see 1 H. Bl. 2. • Premises will include any real property before given, whether in possession or only in reversion, 1 East. 456, and see the force of
elsewhere,' Cowp. 363. For the effect of the word ' appurtenances' see 1 Bos. et Pull. 53, Buck d. Whalley v. Nurton.
A freehold may pass by a will giving the estate a focal descrip. tion and a name, though it be mistakenly called leasehold', if there be no other property answering the name and description, 9 East. 366, Doe d. Wilkins v. Kesneys. And nothing is more decided in regard to the construction of wills than, that no words are so inflexible as not to bend to the intention, when it is clearly deducible from the will itself. Thus even where a testator has used the phrase personal estate, he has nevertheless been construed to mean to include real estate under that description, as appears from the very recent case in King's Bench of Doe on dem. Tofield v. Tofield, see the 10th vol of Mr. East's reports. As to the force of introductory words, as all my
worldly estate or substance;' Cowp. 657, Denn d. Gaskin v. Gaskin, Dougl. 750, Right v. Sidebotham, 1 N. R. 335, Doe d. Wright and others v. Child, 2 N. R. 343, Doe d. Briscoe v. Clarke. A devise of al} the residue of testator's effects real and personal carries the fee, Cowp. 299, Hogan v. Jackson, 2 N. R. 383, Goodtitle d. Castle v. White. Where lands are given after payment of debts, &c. as to what estate passes, and for the distinctions on this point see 1 Bos, et Pull. 558, and 2 Bos. et Pull. 247, Denn d. Mellor v. Moore, in error, and 2 N. R. 343, Doe d. Briscoe v. Clarke.
mortgage, demise, or other disposition of the several estates and premises, or a competent part thereof, or by, with, and out of the rents, issues, and profits to arise therefrom in the mean-time, or by all or any of the aforesaid, or by such other, ways and means as to them, him; or her shall seem meet, raise and levy such sum or sums of money as shall be sufficient to make good the deficiency of my personal estate, not specifically bequeathed, in answering and satisfying my debts, legacies, annuities, and funeral and testamentary charges, and for facilitating such sale or sales, mortgage or mortgages, I will and de- Their receipts to
be discharges. clare, that the receipt or receipts of the said and -, or the survivors or survivor of them, or the heirs, executors, administrators, or assigns of such survivor, shall be a sufficient discharge or discharges for the purchase or mortgage money, agreed to be paid or advanced either by way of purchase or loan, for or upon my said several estates and premises, or any part or parts thereof respectively; and the person or persons paying or lending the same, his, her, or their heirs, executors, administrators, or assigns shall not be liable to answer any loss, misapplication, or nonapplication thereof respectively: and subject and without prejudice to the aforesaid trust, I will Toremain seised and direct that the said trustees, or trustee for the such and so time being, do and shall stand, and be seized and much of the said possessed of my said several freehold, copyhold, and not be sold for Teasehold estates and premises, or so much thereof the said purposes, respectively as may remain unsold, upon the fol- convey and setlowing trusts, (that is to say) as to my freehold dle the same to
the uses afterestates and premises, upon trust, to convey, settle, mentioned, viz. and assure the same, subject to any such mortgage his wife may reor mortgages as may be so made as aforesaid, to the ceive an annuity uses hereinafter-mentioned, or so many of them as the provisions at the time of such settlement shall be subsisting or already made for capable of taking effect, that is to say, to the use, of lower. intent, and purpose that my said wife may receive thereout one annuity or yearly rent charge of ------I. clear of all taxes and without deduction, for her life,
to and for her own sole and separate use and benefit (over and above all other provisions I have made for her); but nevertheless I do hereby declare, that the provisions hereby made or intended, to and in trust for my said wife, shall be accepted by her as and for her jointure, and in lieu and full satisfaction of all dower and thirds or free bench to which she is, can, or may, or otherwise might be, entitled out of
all or any of my estates at the common law, or by And to the use custom : and to the use and intent that B. the wife and intent that of B. may receive
, may receive one annuity or clear an annuity of yearly rent charge of
-1. for her life, clear of taxes and without deductions, for satisfac
tion of the like yearly sum to the payment of which And to the fur- to her I am liable: and to the use and intent that ther use and intent that the my said trustees and their heirs may receive theretrustees may re- out, upon the trusts hereinafter expressed, the folfor the life of lowing annuities or yearly rent charges, clear of taxes J. W. (that is to and without deductions, for the life of Jane W. minority --. daughter of
-, that is to say, so long as she from that time, shall be under the age of 21 years and unmarried, till marriage and after her the clear annuity or rent charge of l. and after marriage.--"; she shall attain the said age then the clear annuity or to apply the said annual rent charge of so long as she shall continue during its conti- unmarried, and after her marriage the clear annuity nuance for her or yearly rent charge of —-l for the remainder of maintenance, the second sum
her life, in trust, to apply the said annuity or rent of —h, during charge of l. during its continuance for or toto be paid to her wards her maintenance and education, the said anfor her absolute nuity of l. during its continuance to her for her third sum of _. absolute use, and that of -l during its continuto be paid to her ance into her proper hands, or to her appointee or use, exclusively appointees in writing under her hand, to the intent of her husband. that the same may be for her sole and separate use,
exclusive of her husband for the time being, and may not be subject to his power or controul, debts or engagements, and for which the receipts of her, or such her appointee or appointees, shall be effec, tual discharges, notwithstanding her coverture. And