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Steward v. Cotton Eng. Rep. 934 (1557-1865)

handle is hein.slavery/ssactsengr0741 and id is 1 raw text is: VAISEY V. REYNOLDS that the emblements are part of the stock, and will pass under the description of stock on a farm ; and I cannot help thinking that the claim of the specific legatee is stronger here than in either of those cases, from the circumstance of the testatrix .ha- ing been only tenant for life. When she gives the other live and dead stock ,on'the plantation, her evident intention is to give every thing connected with the plantation, and particularly all the stock. As to live stock, she had before enumer- 'ated almost every species of live stock, including slaves and cattle. Her evident intention being to pass all the stock on the farm, I must declare the Defendants entitled to the emblements. The tousehold goods and furniture belong to the Plaintiff. Steward v. Cotton. Coram Willis, Justice, and Masters Holford, Browning, and Orde. May 12, 1777. A testator devises a farm to his wife for life, remainder to A. in fee, with all the stock which should be on it at the time of his decease, which it was his will should be kept up by his wife during her life, and go along with the farm ; and he be- queathed the residue of his estate and effects, real and personal, to his wife absol- utely. The testator died in July ; the wife, having severed the growing crops and stacked them on the farm, died in the following September, when the re- mainder-man entered and took possession both of the farm and of the crops which had been so severed: Held, that the personal representative of the wife was entitled to those crops. A testator devised a certain farm in Folding to his wife Elizabeth Willshaw for life, remainder to A. in fee, together with all the stock which should be on the farm at the time of his decease, which, it was his will, should be kept up by his wife during her life, and go along with the farm : and he bequeathed all the residue of his estate and effects real and personal, after payment of his debts and legacies, to his wife, her heirs, executors, administrators, and assigns. A. having died, the testator, by a codicil reciting his death, gave the farm and the stock thereon, after the decease of his wife Elizabeth Willshaw, to Nathaniel Cotton. By the same codicil he bequeathed his household goods, plate, and linen in his house at Marlow to his executor Barnidiston, in trust to permit his wife to have the use thereof during her life, and, after her decease, upon trust for Cotton absolutely. The testator died on the 4th of July 1771. The widow entered into possession of the farm, and severed the growing crops, and housed or stacked them on the farm. On the 29th of September 1771 she died : and, on the following day, Cotton entered upon the farm, and took possession of the corn and grain which had been severed by the widow. The bill was filed by the personal representative of the widow, and prayed an account of the crops so cut and severed. Cotton insisted by his answer, that the crops of grain and other things severed from the premises by the widow Elizabeth Willshaw, were, by virtue of the codicil, the property of him the Defendant. The decree was as follows :- The Court doth declare, that the Plaintiff, as the personal representative of Elizabeth Willshaw, the testator's widow, is en- titled to all the stock of corn and grain on the farm called Folding, from the time they were cut and severed by the said Elizabeth Willshaw; and this Court doth order that it be referred to the Master, &c., to take an account of the corn and grain so cut down and severed, and of the money produced by the sale thereof, come to the hands of the Defendant, Nathaniel Cotton, or of any person, &c., and that what shall be found due on such account be paid by the Defendant to the Plaintiff. Reg. Lib. 1777, B. 568. 5 RUSS. 19.

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