Best v Stamford
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1705 |
| Date | 01 January 1705 |
| Court | High Court of Chancery |
English Reports Citation: 22 E.R. 1216
LORD KEEPER.
[288] de teem S. mich. 1705, in curia gancellari/e. C. 358.-best v. stamford. [1705.](1) ' Lord Keeperi Term to attend the inheritance. A woman seised of an estate in fee, makes a lease for 500 years in trust for herself, her executors and administrators ; and being afterwards upon a treaty of marriage, she and her trustees assign this term in trust for the husband for life, and after his decease in trust for her life, and afterwards in trust for their children. The husband dies, and the wife surviving, and having no issue by her first husband, marries a second husband, and dies : and the question was between the second husband and the heir of the wife, who should have this term 1 For the husband it was insisted, that this was an abstracted term carved out of the inheritance, and declared to be in trust for the wife, her executors and administrators, and so when the limitations in the marriage settlement were spent, it ought to go to the executor or administrator of the wife, and that the second husband, being administrator to the wife, ought to have it. But per Cur. This term, in the creation of it, was a term attendant upon the inherit ance ; for whenever a man is owner of the inheritance, and intitled to the trust of a term of the same estate, the term will be attendant upon the inheritance, [289] unless it be otherwise limited; and in this case, when the husband and wife are dead without issue, all the limitations in the marriage settlement are answered, and the residue of the term shall be attendant upon the inheritance : (2) and he said, in this case it may in some sense be said, that cequitas sequitur legem; for at law, if a term and the inherit ance come into one hand, the term is merged, and the estate goes to the heir ; so in equity it is in the nature of a merger, for the trust of the term will follow the inherit ance : and he said there was no difference between this case and that of Holt and Holt; (3) for there a man having a long lease bought the inheritance in the name of trustees, it was held that this term was attendant upon the inheritance, although there was no...
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Heir and Ancestor
...go to the Husband as Administrator of his Wife. Mich. 1705, Best and Stamford, 2 Vern. 520; 1 Salk. 154, S. C. (Free, in Chan. 252, S. G.; 2 Freem. 288, S. G. accord'.) 11. If the Plaintiff's Father seised in Fee of Lands, articles to pay J. S. £1000 to build an House on the Premisses, and......
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Best v Stampford
...[1705.] Gilb. Ch. 253; 1 Eq. Abr. 241, pi. 1, 274, pi. 8, S. C.; 1 Vern. 43, 188 ; 2 Vern. 1 and 52, 520, S. C.; 1 Salk. 154, S. C.; 2 Freeman, 288, S. C.; 2 Wms. 236; 3 Wins. 330 ;-See also 1 Wms. 360 ; Brown's Rep. 70. Feme inheritrix raises a term for 1000 years, in trust for the husband......