Bickley v Guest
| Jurisdiction | England & Wales |
| Judgment Date | 23 March 1831 |
| Date | 23 March 1831 |
| Court | High Court of Chancery |
English Reports Citation: 39 E.R. 170
HIGH COURT OF CHANCERY
[440] bickley v. guest. Roll*. March 15, 23, 1831. Sembh, Where a tenant for life, having a power to charge the estate after hia death for the benefit of his children, levies a fine, the power will be extinguished. By a marriage settlement, lauds were limited to the use of the husband for life, remainder to the wife for life, remainder to trustees for a term of four hundred yeara, to commence from the decease of the survivor of the husband and wife, remainder to the heirs of the body of the wife begotten by the husband, remainder to the heirs of the husband. The trust of the term was, in case there should be issue of the marriage a son and one or more younger child or children, who should live to attain his, her, or their age or ages of twenty-one years, to raise such sum, not exceeding £200 in the whole, as the husband and wife should by any deed or writing appoint, or in default thereof, as the survivor should by deed or writing, or his or her last will or testament, appoint; and iti default of such appointment, or subject thereto, after the monies so appointed should have been raised, and the costs of the trustees paid, the term was to cease or be assigned in trust to attend the inheritance. There were younger children of the marriage who attained twenty-one. The wife died without having joined in any appointment, and afterwards the husband levied a fine of the premises. Held, that the power was extinguished by the fine. By indentures of lease and release, dated respectively the llth and 12th days of April 1783, the release being made between Thomas Bumpas and William Guest, of the first part, John G-uest the elder and Mary his wife, and John Guestj the son of John Guest the elder, of the second part, Rebecca Baylies, of the third part, and John Baylies and John Dolphin, of the fourth part, and being a settlement executed in contemplation of the marriage of John Guest the younger and Mary Baylies, John Guest the elder and Mary his wife, and John Guest the younger did grant, bargain, and sell the lands and tenements therein described, situate in the parish of King's Norton, to hold the same unto John Baylies and John Dolphin, and their heirs, from and after the solemnization of the intended marriage, to the use of John Guest the elder and Mary his wife for their lives, and the life of the longest liver of them ; and after the decease of such longest liver, to the use of John Guest the younger during his life, and after his decease, to the use of Mary Baylies during her life; and after the [441] several deceases of the survivor of them, John Guest the younger and Mary Baylies, to the use of John Baylies and John Dolphin, their executors, administrators, and assigns, for the term of 400 years, to commence from the day of the decease of the survivor of them, John Guest the younger and Mary Baylies, upon the trusts thereinafter mentioned; and, after the determination of the term, and in the meantime subject thereto, to the use of the heirs of the body of Mary Baylies by John Guest the younger lawfully to be begotten, with an ultimate remainder to the use of John Guest the younger, his heirs and assigns : and it was declared that the term of 400 years, thereinbefore limited to John Baylies and John Dolphin, their executors, administrators, and assigns, was upon the express trust and condition, that, in case there should be issue of Mary Baylies on her body by John :i RUSS. & M. M2. BICKLEY V. GUEST 171 Guest the younger lawfully begotten, a son, and one or more younger child or òchildren, on the body of Mary Baylies by John Guest the younger also...
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