Barbara Wood v Sir John Shurley and his Wife, late Wife to Sir Henry Bowyer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 417
IN THE KING'S BENCH.
case 9. barbara wood against sir john shurley and his wife, late Wife to Sir Henry Bowyer. A husband covenants to stand seised to the use of himself in tail, remainder to his wife for life, remainder to a stranger in tail, reversion to his right heirs; and afterwards makes a feoffment to trustees to the use of himself and his wife for their lives, without impeachment of waste, by way of jointure. The wife shall not elect to take the last settlement; but by her entry, after the death of her husband without issue, shall be remitted, for the benefit of him in remainder, to her first estate for life.-The intail claimed in the first estate being alledged in the replication, must be traversed in the rejoinder. Moor, 872. Hob. 71. 256. 2 Eoll. Ab. 422. Co. Lit. 36. 347. 357. 4 Co. 2. 1 Leon. 91. Hutton, 51. 1 And. 31. Winch. 33. Dyer, 51. 2 Eoll. Eep. 36. 5 Com. Dig. 416. 3 Bl. Com. 19. Error of a judgment in the Common Pleas, in dower, of the dower of Sir Henry Bowyer; where the tenant pleaded, that Sir Henry Bowyer was seised in fee of the manor of W. and infeoffed J. S. and J. D. to the use of himself and his wife for their lives without impeachment of waste ; the remainder over, which was for jointure to his wife; and that afterwards he died, and the wife entered, claiming it for her jointure : et hoc, &c. [489] The plaintiff replied, that the said Sir Henry Bowyer, before this feoffment by indenture, the 2 May, 4 Jac. 1. covenanted to stand seised of that manor to the use of himself in tail, and for default of such issue, to the use of the said wife for her life, and after to the use of Sir Thomas Henley in tail, and after to his right heirs ; and that he afterwards, upon the 22 May 4 Jac. 1. made the feoffment mentioned in the bar, and died without issue ; and afterwards she entered, claiming that estate by the indenture, and was remitted, &e. The tenant rejoined, that the said feme, after the death of her husband, entered, claiming her estate for life without impeachment of waste by the said feoffment, and demanded judgment, if against her claim she may be remitted ; et hoc, &c. Whereupon it was demurred; and adjudged for the demandant. And error being brought, and the error assigned in point of law, wherein two questions were moved. K. B. VIII.-14 418 TEINITY TEEM, 16 JAC. 1. IN B. R. AND C. S...
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