Best v Stampford

JurisdictionEngland & Wales
Judgment Date01 January 1705
Date01 January 1705
CourtHigh Court of Chancery

English Reports Citation: 24 E.R. 123

Chancery Division

Best
and
Stampford

PKEC. OH. 253. BEST V. STAMPFORD 123 Case 206.-best versus 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 for life, then for their children (if any), their executors and administrators; and if the wife survives, in trust for her, her executors and administrators. The husband dies without issue; the wife marries a second husband, and dies ; the husband takes out administration to her, yet decreed that the term should attend the" inheritance. A feme executrix before marriage raises a term for 1000 years, in trust for her intended husband to receive the profits during their joint lives ; and if they shall have any children, in trust for such children, their executors and administrators, during the rest of the term; and if the husband survive her, in trust for him, during his life; but if she survive him, [253] then in trust for her, her executors and administrators, during the rest of the term. The husband dies without children, and the wife survives, and takes another husband, who survives, and takes out administration to her. The question was, If the said term should go to him, or attend the inheritance, and go to the heir 1 Lord Keeper. This is only an unskilful declaration, and not...

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13 cases
  • Heir and Ancestor
    • United Kingdom
    • High Court of Chancery
    • 1 Enero 1744
    ...and dies ; the Term shall attend the Inheritance, and not 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 t......
  • Chapple v Mahon
    • Ireland
    • Chancery Division (Ireland)
    • 8 Julio 1870
    ...C. Court. CHAPPLE and MAHON. Stains v. Banks 9 Jur. N. S. 1049. Toomes v. ConsettENR 3 Atk. 261. Jennings v. WardENR 2 Vern. 520. Re Edwards' EstateUNK 11 Ir. Ch. 367. Broad v. Selfe 9 Jur. N. S. 885. Hudson v. ThompsonELR L. R. 2 Ch. App. 255. Thornhill v. EvansENR 2 Atk. 330. French v. Ba......
  • Gunter v Gunter
    • United Kingdom
    • High Court of Chancery
    • 20 Abril 1857
    ...of the demurrer, cited Pitt v. Pitt (22 Beav. 294); Hood v. Phillips (3 Beav. 513); Tiffin v. Tiffin (1 Vern. 1); Best v. Stampford (2 Vern. 520) ; Swabey v. Swabey (15 Sim. 106) ; Whitchurch v. WTiitchurch (2 P. Wms. 236); Drnvse v. Perdval (1 Vern. 104); and see The Earl of Buckinghamshir......
  • Mortgages
    • United Kingdom
    • High Court of Chancery
    • 1 Enero 1744
    ...Money, and a collateral Advantage besides for the Loan of it, or clog the Redemption with any By-Agreement. Mich. 1705, Jennings and Ward, 2 Vern. 520. 11. If the Condition of a Mortgage is, that the Mortgagor should redeem during his Life, or that the Mortgagor, and the Heirs of his Body, ......
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