Between James Haughton Langston, Plaintiff; and Sir Charles Morice Pole, Bart., Haughton Farmer Okeover, Maria Sarah Langston, Charles Barter The Elder and Elizabeth Catherine, his Wife, and Charles Barter the Younger, an Infant, by his Guardian, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 28 July 1829 |
| Date | 28 July 1829 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 48
WESTMINSTER HALL.
S. C. (O. S.), 7 L. J. Ch. (O. S.), 185; 5 Bing. 228; 2 Moo. & P. 490; 7 L. J. C. P. 1; 9 D. & R., 298 and sub nom. Langston v. Langston, 2 Cl. & Fin. 194; 6 E. R. 1129. See Clarke v. Clemmans, 1866, 36 L. J. Ch. 172; Surtees v. Hopkinson, 1867, L. R. 4 Eq. 103; In re Thomson's Trusts, 1870, L. R. 11 Eq. 148; Grant v. Grant, 1875, L. R. 5 C. P. 735; Tuite v. Bermingham, 1875, L. R. 7 H. L. 646; Tavernor v. Grindley, 1879, 32 L. T. 426; Locke v. Dunlop, 1888, 39 Ch. D. 387.
[119] Between james haughton langston, Plaintiff; and Sir charles morice pole, Bart., haughton farmer okeover, maria sarah langston, charles barter the elder and elizabeth catherine, his Wife, and charles barter the younger, an Infant, by his Guardian, Defendants. Rolls. July 28, 1829. [S. C. (0. S.), 7 L. J. Ch. (0. S.), 185; 5 Bing. 228; 2 Moo. & P. 490; 7 L. J. C. P. 1 ; 9 D. & R., 298 and sub nom. Langston v. Langston, '2 Cl. & Fin. 194; 6 E. R. 1129. See Clarke v. Clemmans, 1866, 36 L. J. Ch. 172; Swtees v. Hopkinson, 1867, L. R. 4 Eq. 103; In re Thomsm's Trusts, 1870, L. R. 11 Eq. 148 ; Chant v. Grant, 1875, L. R. 5 C. P. 735; Tuite v. Birmingham, 1875, L. R. 7 H. L. 646; Tavernw v. Grindley, 1879, 32 L. T. 426 ; Loch v.' Dunlyi, 1888, 39 Ch. D. 387.] Will, construction of. Ambiguity. J. L., by his will, devised his manors to trustees upon trust, to convey the same to his son, J. H. L., for life; with remainder to trustees to preserve contingent remainders; with remainder to the second and other younger sons of J. H. L. in tail male. There was no limitation to the first son of J. H. L., but the declaration of the trust of the term contained a provision to raise money for the daughters on failure of i^sue male of the body of J. H. L. The will also provided, that in case J. H. L. should have any children other than and besides an eldest or only son, then J. H. L. might raise money for the portion of younger sons or daughters. Held, that the true construction of the will was, that the first son should have an estate tail male in reversion after the death of his father. TJUttLYN MO. LANGSTON V. POLE 49 This suit waa instituted to decide a question on the will of John Langston of Sarsden House, in the county of Oxford, Esquire, bearing date the 28th July 1801, whereby he gave all his manors and lands unto and to the use of trustees upon trust, so soon as his son (the Plaintiff) should attain twenty-one years, to convey, settle, and assure the same as follows:-To the use of the Plaintiff and his assigns for life; remainder to trustees, to be named in the settlement, to preserve contingent remainders ; with remainder to the use of the sewnd, third, fourth, fifth, and every other son of the Plaintiff in tail male in succession ; with remainder to testator's second and other sons successively in tail male; with remainder to trustees for 500 years, upon the trusts thereinafter mentioned; with remainder to [120] the Plaintiffs daughters in succession in tail general; with remainder to trustees for ninety-nine years; with remainder to testator's eldest daughter in strict settlement, and divers remainders over. The trusts of the terms of 500 years and 99 years were declared as hereafter stated in the case laid before the Judges of the Court of Common Pleas. And the trustees were directed to give in the settlement similar powers, if any of his daughters should become tenants for life, to raise portions for their younger children. And the bill alleged that it was the testator's intention that his will should contain a direction that the settlement directed by his will to be made should contain a limitation to the Plaintiff's first son in tail male, immediately after the limitation to trustees, during the life of the Plaintiff, to preserve contingent remainders, and immediately before the limitation to the second son of the Plaintiff; and that the testator accordingly! gave instructions to his solicitor to prepare a will containing a direction to insert such a limitation in the settlement so directed to be made. And in pursuance of such instructions, a draft of his will was accordingly prepared; and such draft contained a direction that such a limitation should be inserted in the will, but in the engrossment of the will executed by the testator such direction was omitted to be inserted by the mistake or carelessness of the person who engrossed the will from the draft; the Plaintiff, however, submitted that the will contained within itself sufficient evidence of the testator's intention being that the settlement so directed to be made as aforesaid should contain such a limitation as before mentioned in favour of the Plaintiff's eldest son in tail male. The bill prayed that the will and codicils might be established, and the trusts thereof, as far as respected [121] the settlement and conveyance of the manors, messuages, lands, tenements, hereditaments, and real estate of the testator devised to the Defendants Sir C. M. Pole and H. F. Okeover, and their late deceased co-trustee, might be carried into execution by a settlement and conveyance to be made by the Defendants Sir Charles Morice Pole and Haughtori Farmer Okeover of the same manors, messuages, lands, tenements, hereditaments, and real estate, to the uses, upon the trusts, and for the intents and purposes, and with, under, and subject to the powers, provisoes, and declarations, to, upon, for, with, under, and subject to which the same were by the will directed to be settled and conveyed, or as near thereto as the deaths of persons, or the circumstances of the case, would permit; and especially that in making such settlement and conveyance, a limitation might be inserted therein whereby the said manors, messuages, lands, tenements, hereditaments, and real estate might be limited, settled, and assured to the use of the Plaintiffs first son in tail male in remainder, immediately after the limitation to the use of trustees...
To continue reading
Request your trial
-
Julia Langston, an Infant, by the Hon. Henry George Francis Moreton, her next Friend; Maria Sarah Langston, Chas. Barter, the elder, and Elizabeth Catherine, his Wife, and Charles Barter, the younger, an Infant, by the said Charles Barter, the elder, his next Friend, - Appellants; James Haughton Langston, Sir Charles Morice Pole, Bart., and Haughton Farmer Okeover, - Respondents
...Mews' Dig. xv. 707, 1846,1847. S.C. 2 C1. & F. 194; and, in Court below, sub nom. Langston v. Pole, 9 D. & R. 298; 5 Bing. 228; Taml. 119. Discussed and explained in Grant v. Grant, 1875, L. R. 5 C. P. 735; and see In re Thomson's Trusts, 1870, L. R. 11 Eq. 148; and distinguished in Locke v......
-
Julia Langston, an Infant, by her next Friend; Maria Sarah Langston; Charles Barter the Elder, and Wife; and Charles Barter the Younger, an Infant, by his next Friend, - Appellants; James Haughton Langston, Sir Chas. Morice Pole, Bart., and Haughton Farmer Okeover, - Respondents
...Mews' Dig. xv. 707, 1846, 1847; S.C. 8 Bli. N.S. 167; and, in Court below, sub nom. Langston v. Pole, 9 D. and R. 298; 5 Bing. 228; Taml. 119. Discussed and explained in Grant v. Grant, 1875, L.R. 5 C.P. 735; and see In re Thomson's Trusts, 1870, L.R. 11 Eq. 148. Distinguished in Locke v. D......
-
Langston v Pole and Others
... ... them for the portions and maintenance of younger children, male and female, accompanied with a ... , Esq., John William Hope, Esq., and Charles Morice Pole, Esq. (now Sir Charles Morice Pole, ... POLE 1049 testator's sots, the said Plaintiff, James Houghton Langston, for and during the term ... such son and sons lawfully issuing, the elder of such sons, and the heirs male of his body to ... use of the said testator's eldest daughter Maria Sarah Langston, and her assigns for and during ... attendant terms to testator's daughters Elizabeth-Catharine, Caroline, Agafcha-Maria-Sophia, ... to the use of testator's sister, Sarah, the wife of Peter Cazalet, her heirs and assigns for ever: ... the decease of the said plaintiff, James Haughton Langston, and such failure of issue as aforesaid, ... of George Arnold, and his nephew Houghton Okeover, in case there should be no son or daughter of ... ...