If all the words of a description are true and correctly describe a thing certain the court will not presume that there is any error so as to extend the meaning of the words to something not properly comprehended in the express words. In 1802 the testator purchased the estate called Arkley Hall Farm in the parish of Ridge in the county of H. In 1813 and 1815 he acquired adjoining land in the parishes of Shirley and Barnet in the same County which was thrown into the farm and occupied therewith and the whole thenceforth called a farm. By his will in 1870 he devised all his estate consisting of the farm in the parish of Ridge in the county to trustees. Held the land in the parishes of Shirley and Barnet did not pass by this specific devise but instead passed under the residuary devise.
Lord Bacon applied the maxim falsa demonstratio non nocet, so that erroneous descriptions of property in documents should not be permitted to defeat the intentions of the parties.
Judges:
Lord Bacon
Citations:
(1866) 2 Eq 819, (1866) 14 LT 823, (1866) 14 WR 884 . . 803, (1866) 12 Jur NS 759
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Dover Magistrates’ Court ex parte Norman Lionel Webb CA 15-Jul-1999
. .
Lists of cited by and citing cases may be incomplete.
Equity, Wills and Probate
Updated: 19 November 2022; Ref: scu.258738