Bailey v Tennant
| Jurisdiction | England & Wales |
| Judgment Date | 06 February 1856 |
| Date | 06 February 1856 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 1045
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
Distinguished, In re Annaly's Estate, 1889, 23 L R It 481
bailey /' tennant Feb. 6, 185G -By a inamage settlement, estates weie limited to A. for life, u ith remainder to trustees toi GOO years, to be computed from the deceabe of A, in trust, to raise portions for younger children, with remainder to his first and other sons successively in tad Power was given to A to create a rent-charge in favour of any second wife, and to grant the estate for a term of years, to take effect immediately after his decease, for the purpose of securing it -Held, that the term of 100 years, created in pursuance of this power, was not eoticuirent \\ith, but took priority over the teim of uOO years; and that the peison in whom the term of 100 years was vested might sue alone, without joining the trustee of the term of GOO yeais. [Distinguished, In ie Annul if a Estate, 1881), 2. L R Ir 481 ] The declaration stated, that, by lease, dated March, 18J7, Henry Charles Duke of Beaufort, and Henry Marquis of Worcester, subject to the sanction and continuation of Parliament, demised to George Ten nan t lands in Kilvey, to hold foi 1000 yeais, at a certain lent thatdr Tennant covenanted with the Duke, and with the peisons who for the time being should be seised of 01 entitled to the demised preniu-es in reversion or remainder immediately expectant upon the said term, that he would pay the rent that, by an Act passed in 1827 foi confirming the lease, reciting that by certain indentures of lease arid release, dated ~2'2i\A and '2,hd of July, 1814, and a recovery therein referred to, being the settlement made on the marriage of the said Marquis and Georguina Frederrca Fitzioy, his hist wife, the lands in question weie conveyed upon trusts to take effect after the solemnisation of the then intended marriage, that is to -say, subject to a rent-charge thereby provided for the said Cleoigiana by way of (a) Alderson, B., Martin, B, Bi am well, B. 1046 BALLEY r TENNANT 11 EX. 777 jointure, but which had since determined by her death, to the use of John Loid Burghersh and Charles Fitzroy during the term of GOO ye;u&, to be computed from the decease of the said Marquis upuu trust foi raiding portions for the daughteis and younger sons, with remainder to the said Henry Charles Duke of Beaufoit for life, with remainder to Lord Kobert [777] Somerset and Loid Arthur Somerset during the life...
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The Estate of Lord Annaly, Deceased, Continued in the Names of Lord Annaly and The Hon. Henry White, Owners; The Scottish Equitable Assurance Company Ltd, Petitioners
...Doolin v. Smith 3 J. & L. 547. "" v. M'Cowan 7 Ir. Jur. (O. S.) 389. Churchman v. Harvey Ambl. 335. Bailey v. TennantENR 11 Exch. 776. Balfour v. CooperENR 2 Atk. 354. Bevan v. Bevan 23 Ch. Div. 472. Hall v. CarterUNK 13 L. R. Ir. 53. In re Morgan 8 Ir. Ch. R. 266. Borough v. Close 11 Ir. E......
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Bevan v Bevan
...see also Krantzcke v. Robinson, 11 L. R. I.500 Maultby v. Maultby 2 Ir. Ch. R. 32. Mosley v. Mosley 5 Ves. Jun. 248. Bailey v. TennantENR 11 Exch. 776. Beale v. BealeENR 1 P. Wms. 244. Re Nash 5 Ir. Ch. R. 384. Brown v. NesbittENR 1 Cox, 43. Vaue v. Lord Dungannon 2 Sch. & Lef. 118. Cuningh......