Hay against the Earl of Coventry and Others
| Jurisdiction | England & Wales |
| Judgment Date | 03 February 1789 |
| Date | 03 February 1789 |
| Court | Court of the King's Bench |
English Reports Citation: 100 E.R. 468
IN THE COURT OF KING'S BENCH
Distinguished, Doe v. Martin, 1790, 4 T. R. 66. Approved, Bridger v. Ramsey, 1853, 10 Hare, 324; Whitby v. Mitchell, 1890, 44 Ch. D. 90. For Den v. Page, Infra, p. 87, n.
468 HAY V. THE EARL OF COVENTRY 3 T. B. 84. hay against the earl op coventry and others (a). Tuesday, Feb. 3, 1789. Where an estate was limited by will to A. for life, remainder to his first and other sons in tail male, remainder " to the use of all and every the daughters, &c, as tenants in common, and in default of such issue to the use of the right heira of the devisor :" after the death of A. without any son, an only daughter took only an estate for life. [Distinguished, Doe v. Martin, 1790, 4 T. R. 66. Approved, Bridger v. Ramsey, 1853, 10 Hare, 324; Whitby v. Mitchell, 1890, 44 Ch. D. 90. For Den v. Page, infra, p. 87, n.] This was a case sent by the Lord Chancellor for the opinion of this Court. Sir Robert Worsley, being seised in fee of the premises in question, by will dated 4th June 1746, devised them to James Worsley and Robert Worsley, and their heirs, upon trust to raise the sum of 50001. for his grand-[84]-daughter, Lady Frances Carteret, afterwards Frances Marchioness of Tweedale, in manner therein mentioned, and subject thereto, upon trust, that the trustees should stand seised of the premises to the use of his grandson Robert Lord Carterot, who was afterwards Robert Earl Granville, for life; remainder to trustees to preserve contingent remainders; remainder to the first and other sons of the said Lord Carteret (afterwards Earl Granville) in tail male; remainder to the said Frances Marchioness of Tweedale, by her then name of Lady Frances Carteret,for life; remainder to trustees to preserve contingent remainders; remainder to the first and other sous of the said Lady Frances Carteret, in tail male, and in default of such issue " to the use of all and every the daughter and daughters of the body of the said Lady Frances Carteret lawfully issuing, as tenants in common, and not as joint tenants; and in default of such issue, to the use and behoof of his own right heirs for ever." Sir Robert Worsley died the 23d July 1747, without issue, and without revoking his will. Robert Earl Granville entered and died 12th of February 1776, without issue. Lady Frances Carteret, afterwards Marchioness of Tweedale, had issue one son, who died an infant in the lifetime of the said Robert Earl Granville, and one daughter named Lady Catherine, who intermarried with Edward Hay Esq...
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Richard Jesson, Joseph Hately, William Whitehouse, Joseph Walton, Edward Dangerfield, the elder, and Thomas Dangerfield, - Plaintiffs in Error; and John Doe, on the several demises of Ezekiel Wright, John Wright, Thomas Wright, Geo. Wright, Isaac Wright, William Wright, the younger, Lucy Wright, Mary Wright, Daniel Wright, Elizabeth Mosley, and Thomas Stokes, - Defendants in Error
...limitation superadded, and consequently the children must take for life, according to the doctrine established in Hay v. Earl of Coventry (3 T.R. 83). There the limitation was to F. C. for life, remainder to her first and other sons in tail male; and in default of such issue, to the use of ......
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...for all. The succession of limitations occurs only in the case of males. In this respect the case resembles Hay v. The Earl of Coventry (3 T. R. 83). The shifting clause cannot be taken literally. [Lord Campbell C.J. As at present advised, I can hardly think the intention was to disin-[304]......
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Doe on the several demises of William Orpe and John Orpe against John Frost
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