Bland and Middleton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1679 |
| Date | 01 January 1679 |
| Court | High Court of Chancery |
English Reports Citation: 22 E.R. 817
HIGH COURT OF CHANCERY
CASES -ARGUED AND DECREED in the HIGH COURT OF CHANCERY, continued from the 30th year of King Charles II [1678] to the 4th year of King James II. [1689], Second Part. "[1] de term. sanct. hill. anno regis 30 & 31 car. II. [1679] in cancellaria. bland and middleton. [1679.] Heir relieved against a conditional Devise for his Life.-Devise.-Condition. By Will in Writing /. S. seised in Fee, deviseth Land to his Daughter E. and her Heirs; and his Mind is, if his Son A. pay to her £50 then his Son should have that Land; the Money was not paid at the Day appointed by the Will; the Daughter sells the Land; it was decreed by the Lord Chancellor against the Vendee, on paying the Money, for he took it but as in the Nature of a Security; tho' it was objected by Sir Fr. Winnington, that this is a contingent Devise to the Son on Payment, and then too, if he had performed and paid, he could have had but an Estate for Life, the Remainder or Reversion in Fee to the Daughter. Note: "Tis no Reason, that his Failer should give the Son a greater Estate in Equity, than the Will in Writing gives him on Performance of the Condition, by the express Words of the Will in Writing, and the Will cannot be of Land, but in Writing : So as if the Testator...
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