A father devised his estate to trustees for a term, for them to pay a residue of rents from that estate to his sons as tenants in common; but the reversion of the estate he devised to his sons as joint tenants. The question was whether the joint tenancy of the reversion had been severed because the sons, during the term, had used the estate in their partnership trade as brewers.
Held: They had not, and so the surviving son took the whole of the reversion, subject to the term.
Citations:
(1857) 24 Beav 254
Jurisdiction:
England and Wales
Cited by:
Cited – Bathurst (As Administrator of the Estate of Michael David Bathurst Deceased) v Scarborow CA 1-Apr-2004
The deceased and defendant had been partners and friends. They had bought a property expressly for the partnership and was conveyed into their names as joint tenants.
Held: The declaration in the partnership was not itself sufficient cogent . .
Lists of cited by and citing cases may be incomplete.
Company, Equity
Updated: 10 July 2022; Ref: scu.238857
