Allanson v Clitherow

JurisdictionEngland & Wales
Judgment Date23 July 1747
Date23 July 1747
CourtHigh Court of Chancery

English Reports Citation: 27 E.R. 867

HIGH COURT OF CHANCERY

Allanson
and
Clitherow

allanson v. clitheeow, July 23, 1747. Devise to A. for life, with power for trustees to settle a jointure on his wife; and subject thereto in strict settlement on the issue of such marriage ; but, if A. should die without any issue of his body, then over.-The latter words give him an estate tail by implication. As to estates pur auter vie, see the Supplement, p. 24. W. Allanson devises his real and personal estate, subject to the payment of annuities and legacies, to trustees, their heirs, executors, &c., to raise such annual sum for the maintenance of his son, as they, &c., so as to afford him a liberal education till he attained twenty-three, and then on this further trust, that when he attained twenty-three they should grant, convey and assign all his real estate to him, his heirs, executors and assigns, subject nevertheless to such settlement as aftermentioned : and if he marries a gentlewoman with a good fortune (Note : The word was not " good " but " suitable " ; which the court declared to mean a portion bearing a reasonable proportion to a jointure of 400 a year rent-charge. R. L. and Supplement, p. 24), the trustees to settle a rent-charge on her, not exceeding 400 per ann. for her life, as a jointure, and in bar of dower and subject thereto, on the issue of that marriage in strict settlement, as counsel shall advise. But if he dies without issue of his body lawfully begotten, he gives additional annuities to the same persons as before, which in some events were to be diminished; and the said real estate to his nephew C. Gowper for life, then to the trustees to support contingent remainders; then to the first and every other son in tail, they changing their names to Allanson; and in default of such issue, to the testator's right heirs for ever. His personal estate to be assigned to his son at twenty-five ; but if he died before without issue, then over in a particular manner. The testator afterward added two codicils; by one of them reciting, that having given his lands to his son for life, remainder over, he gives him power to dispose of any part thereof; but the money thereby.raised, to be paid to the trustees to lay it :out in a purchase, and settle it in the same manner [&c., and with such alterations he confirmed his will. He also confirmed it by the two codicils, except in the points there specified]. [25] This bill was brought by the son to have an execution of the trust according to the will and codicil; he...

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3 cases
  • Beaumont v Thorpe
    • United Kingdom
    • High Court of Chancery
    • 25 July 1747
    ...by the operation of it, but only says, it shall be void against creditors. (Reg. Lib. 1746, A. fol. 598.) English Reports Citation: 28 E.R. 445 REPORTS IN CHANCERY OF FRANCIS VESEY, I. 27.-beaumont versus thorpe, July 25, 1747. (Reg. Lib. 1746, A. fol. 598.)- See 2 Vesey, 10 and 11, as to t......
  • Maultby v Maultby
    • Ireland
    • High Court of Chancery (Ireland)
    • 3 May 1852
    ...MAULTBY and MAULTBY. Hervey v. HerveyENR 1 Atk. 561. Fowler v. NorthENR 3 Keb. 7. Allanson v. ClitherowENR 1 Ves. sen. 24. Brady v. FitzgeraldUNK 12 Ir. Eq. Rep. 273. Cronin v. Murphy 1 Ir. Chan. Rep. 233. Leech v. Tyndal 3 Ir. Jur. 53. 1851. Chancery. RnID THOMPSON. Judgment. 32 CHANCERY R......
  • Mason v Mason
    • Ireland
    • Chancery Division (Ireland)
    • 6 December 1870
    ...v. ConstabileUNK 7 Ir. Ch. 467. Chadwick v. DolmanENR 2 Vern. 527. Lord Teynham v. WebbENR 2 Ves. Sen. 198. Allanson v. ClitherowENR 1 Ves. Sen. 24. Egerton v. Earl BrownlowENR 4 H. L. C. 1. Egerton v. Earl BrownlowENR 4 H. L. C. 210. The Duke of Bedford v. The Marquis of AbercornENR 1 My. ......