Blake v Peters
| Jurisdiction | England & Wales |
| Judgment Date | 03 March 1863 |
| Date | 03 March 1863 |
| Court | High Court of Chancery |
English Reports Citation: 46 E.R. 139
BEFORE THE LORDS JUSTICES.
S. C. 10 W. R. 826; 1 N. R. 503; 9 Jur. (N. S.), 836; 32 L. J. Ch. 200; 9 L. T. 247; 11 W. R. 409.
1DE 0. J. & fl. 343. BLAKE V. PETEHS l3S [345] blake v. peters. Before the Lords Justices. March 3, 1863. [S. C. 10 W. R. 826 ; 1 N. R. 503 ; 9 Jur. (N. S.), 836 ; 32 L. J. Ch. 200 ; 9L. T. 247; 11 W. R. 409.] Real estate was devised to a person in fee, with a gift over in the event of his dying without leaving issue living at his death, and it was declared that he should not cut timber except for necessary repairs on pain of forfeiting his estate, and that if he did so the estate should go over. The devisee died without issue, having cut and sold timber. Held, that this restriction was legal, that the clause of forfeiture was only an additional means of securing its observance, and that the value of the timber could be claimed against the estate of the devisee. The will directed the devisee during his life to keep certain renewable leaseholds fully estated with three lives, which leaseholds were subject to the same limitations as the real estate. Held, that the whole expense of renewals during the life of the devisee was to be borne by him. This was an appeal by the executors of John Weston Peters from a decree of Vice-Chancellor Kindersley, in a suit instituted to make the estate of J. W. Peters liable for waste committed by him, and for the omission to renew certain leases. John Eason, by will, dated the 17th of June 1816, made the following disposition : - " I give, devise and bequeath unto my sister, Elizabeth Eason, all my estate and interest in my messuages, tenements, lands, tithes and hereditaments, both freehold, copyhold and leasehold ; and also, all my moneys, goods, chattels and personal estate, to be at her absolute disposal ; subject, nevertheless, to the conditional disposition thereof hereinafter contained, and subject, as to the personal estate, to the aforesaid legacies and annuities. Provided always, that in case my saicl sister should happen to die without having made any dis-[346]-position by deed, will or otherwise, of my said messuages, &c., then it is my will, after her decease, and I give and devise the same, or such part or parts thereof as shall not be disposed of by my sister as aforesaid, in manner following " (that is to say) : - The testator then gave Bridge farm and other lands to John Weston Peters, his heirs, executors and administrators ; but in case he should happen to die without leaving any male issue at the time of his decease, or if he should not occupy Bridge farm, then from and after his decease without leaving any issue, or his not occupying Bridge farm, to John Louch, his heirs, executors and administrators ; but if J. Louch should die without leaving any male issue, then to Samuel Sparks, his heirs, executors and administrators. Then there was a similar disposition of other lands, at Curry Rivell, to J. Louch, and in the event of his dying without leaving male issue, then toJ. W. Peters, and in the event of his dying without leaving male issue, then to S. Sparks. " Provided also, and it is my will, that the two several persons to whom I have...
To continue reading
Request your trial