References: [1859] EngR 402, (1859) 26 Beav 572, (1859) 53 ER 1019
Links: Commonlii
Ratio: A testator devised freeholds to two and their heirs as tenants in common, and in case either should die without lawful issue surviviog her, then he devised her part ‘ unto the survivor.’ Held, that ‘survivor’ was to he read in its ordinary sense, and not in the sense of ‘other.’
A partition decreed without a commission, in a case in which infarns were interested, upon satisfactory evidence of the value.
Last Update: 11-Aug-16
Ref: 287754