Bertie v Falkland
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Court | Court of the King's Bench |
| Year | 1795 |
| Date | 01 January 1795 |
English Reports Citation: 91 E.R. 204
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Hill. 9 Will. 3, C. B. 1 Ld. Raym. 325, S. C.
[231] 9. eyres versus faulkland. [Hill. 9 Will. 3, C. B. 1 Ld. Raym. 325, S. C.] Devise of a term of years to several successively for life. After all are dead, executor of devisor shall have the residue. 2 Dan. Ab. 518, pi. 5. 1 Roll. Abr. 611, L. 1. H. possessed of a term for ninety-nine years devised his term to A. for life, and so on to B. and five others successively for life; all seven being now dead, the question. 1 SALKEID, 232. DEVISE 205 was, who should have the residue of the terra] Etper Treby and Powell: Anciently, if one having a term devised it to A. for life, remainder to B., such remainder was void ; 1st, Because an estate for life is a greater estate; and, 2dly, Because the term included the whole interest, so that when he devised his term, nothing remained to limit over. Afterwards the law altered ; for a devise of the term to B., after the death of A., \vaa held good; and by the same reason to A. for life, remainder to B., for it was but disposing of the interest in the mean time; but a devise to A. in tail, remainder over, is too remote; so if it be to A., and if he die without issue, remainder over. As to the principal case, they held that all the remainders were good; and that the first devisee, and so every devisee in his turn, had the whole term vested in him ; during which the next man in remainder, and so every other after him, had not an actual remainder, but a possibility of remainder, and the executor of the devisor a possibility of reverter; for there may be a possibility of reverter, even where no remainder can be limited, as in the case of a gift to A. and his heirs while such a tree stands : no remainder can be limited over, and yet clearly the donor has a possibility of reverter, though no actual reversion; a fortiori, there shall be a possibility of reverter, where a remainder may be limited over; for the testator gave but a limited estate, and what he has not given away must remain in him; and the words for life can be no more rejected in the last limitation than in the first (a). (a) Vide Ca. temp. Ld. Talk 43. 1 P. W. 666. Fearne's Cont. Eem. 375.
English Reports Citation: 91 E.R. 205
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Hill. 9 Will. 3. In Cane. 2 Vernon 340,...
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Henry Harvy and Catherine his Wife, Daughter of Sir Thomas Aston, and Anne Clifton Widow, another Daughter, v Dame Catherine his Relict, and Sir Thomas Aston his Son and Heir, Henry Wright and Andrew Kenrick. in Canc'
...relief hath never been given that I have understood. This was in the case of Bertie & Ux. vers. Lard Falkland, 2 Vern. 333. 3 Ch. Ca. 189. 1 Salk. 231, which was solemnly settled on great deliberation by Lord Sommers, Chancellor, assisted by Ch. J. Holt and Treby, all persons of great emine......
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Henry Hervey, and Catherine, his Wife, Ann Clutton, Widow of Thomas Clutton, deceased, which said Catherine and Ann are two of the Daughters of Sir Thomas Aston, Bart.(Deceased), Plaintiffs; (1) and Dame Catherine Aston, Widow of Sir Thomas Aston, Sir Thomas Aston, Bart., eldest Son and Heir of the said Sir Thomas Aston, Sir John Chesshyre, Henry Wright, and Andrew Kendrick
...is required as a condition precedent to the vesting of the estate, as appears from the case of Bertie v. Lord Falkland, 3 Ch. Ca. 129 ; 1 Salk. 231 ; 2 Vern. 333. Now upon what foundations is it that the Court allows not the legatee to recover, if she marry without the consent required, whe......
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Conditions and Limitations
...but her Bill was dismissed by the advice of Holt and Treby, Ch. Justices, Hil. 9 W. 3 [1698], Bertie and Lord Faulkland, 3 Chan. Ca. 129. 1 Salk. 231, S. C., where it is said, that the Decree was reversed in the House of Lords. 2 Vern. 333, S. G., where it is said, that the Matter was ended......
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Mr. Bertie & ux' v Lord Falkland
...bill was dismissed, and a decree for my Lord Falkland upon his cross bill. (10) (l)S. C. 3 Cha7Ca7l29 ; 2 Vern. 333~7~1EqT~Ca7 Ab. 110 ; 1 Salk. 231 ; 12 Mod, 182 ; Holt, 230. (2) See, ante, c. 38, p. 36, note 4. (3) Fraud justifies the interposition of equity, often contrary to, and beyond......