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![handle is hein.slavery/ssactsengr0743 and id is 1 raw text is: VAISEY V. REYNOLDS
The testator, at the time of his death, occupied a farm, on which there were
growing crops.
[13] A second question was, Whether the crops on the ground passed to the wife
under the bequest of all his farming stock
Mr. Sidebottom, for the wife.
Mr. Blackburn, for the residuary legatee.
Mr. Garratt, for the executors.
On the first question, Carr v. Carr (1 Mer. 541, note) was cited.
For the wife, on the second point, were cited Cox v. Godsalve (6 East, 604, note)
and West v. Moore (8 East, 339).(1)
[14] The Master of the Rolls [Sir John Leach]. The testator has referred to
two descriptions of monies-monies in hand-and monies out at interest on mort-
gage, notes of hand, and other securities whatsoever. The balance in the.banker's
hands, though it carried [15] interest, was not out at interest on security ; and it
was in the same order and disposition of the testator, as if it had been deposited in
his own drawer. It must be inferred that the testator meant to pass it by one of
the two [16] descriptions which he has used. In no sense was it money on security ;
and, in a reasonable sense, it was money in hand, and passed, therefore, to the wife.
[17] On the second question it is to be observed, that, in the case of Cox v. God-
salve, where the words of the gift to the executor were stock of my farms, there
were other words in the gift which comprised all personal [18] estate. And in
West v. Moore, where the words of the gift to the executor were, stock upon my
farm, the whole personal estate of every nature and kind was, in terms, comprised
in the gift. These cases were between the executor and the devisee of the land,
and the rule is, that, although crops on the ground are personal estate, and, generally
speaking, pass to the executor, yet, as between the executor and the devisee, the
devisee will [19] take them with the land, unless the intention of the testator appears
to be otherwise. In these two cases such intention seems to have been inferred,
rather because the executor was plainly meant to take the whole personal estate,
than from the mere force of the words stock of my farm, or stock upon my
farm. In the present case, the gift in question to the wife comprises only some
parts of the personal estate, and all my farming stock, in common and popular
language, does not include crops on the ground ; and the wife, therefore, is not
entitled to them.
(1) Blake v. Gibbs. February 22, 1825.
A tenant for life of a plantation in Jamaica bequeaths and devises to A., his heirs,
executors, administrators, and assigns, all her negro, mulatto, and other slaves,
men, women, and children, and all her cattle, mules, horses, asses, and other
live and dead stock upon that plantation, and all other her real estate in Jamaica ;
and, after various specific and pecuniary legacies, she gives the residue of her
goods, chattels, and personal estate and effects to B. ; A. is entitled to the growing
crops, which were on the plantation at the death of the testatrix.
Margaret Plunkett, by her will, dated the 5th of August 1812, devised unto
George Gibbs the elder, and his son George Gibbs the younger, all and every her
negro, mulatto, and other slaves, men, women, and children, and all her cattle,
mules, horses, asses, and other live and dead stock upon a certain plantation or
estate called Lloydds, or the lands thereto belonging, situate in the parish of St.
John in the Island of Jamaica, or wheresoever else the same slaves, cattle, and
stock, or any of them were or should be at the time of her decease, and all the issue,
offspring, and increase of the females of the said slaves, and on or from which the
said plantation or estate called Lloydds, and such of the negro slaves, cattle, and
stock as were thereon at the time of the death of her late creditor Matthew Plunkett
deceased, there was a large debt due to her on mortgage, and of which said planta-
tion or estate called Lloydds she was tenant for life under and by virtue of the will
of her said late creditor, and all other her real estate in the said Island of Jamaica,
and all her right, title, and interest in and to the said slaves, cattle, mules, and
other live and dead stock, and other real estate in the said Island of Jamaica, to
hold the same several slaves and their issue, offspring, and increase, and the said
cattle, mules, and other live and dead stock, and all other her said real estate in
Jamaica unto and to the use of the said George Gibbs the elder and George Gibbs
932
5 RUISS. 13.](ViewImageLocal?handle=hein.slavery/ssactsengr0743&div=1&collection=&method=preview&ext=.png&size=3)