Cooke v Turner
| Jurisdiction | England & Wales |
| Judgment Date | 26 November 1845 |
| Date | 26 November 1845 |
| Court | High Court of Chancery |
English Reports Citation: 60 E.R. 449
HIGH COURT OF CHANCERY
See ante, p. 218.
Condition. Forfeiture. Heir. Will. Revocation.
[493] cooke v. turner. Nov. 26, 1845. [See ante, p. 218.] Condition. Forfeiture. Heir. Will. Revocation. Testator, after giving certain benefits to his heiress at law out of his real estates, revoked them, and gave them over, in case she should dispute hia will or his competency to make it, or should not confirm it when required by the trustees. Held, that the clause of revocation and gift over was valid. In pursuance of an order in this cause, made on the 6th of November 1845, the following case was stated for the opinion of the Barons of the Exchequer upon the validity of the clause of forfeiture contained in the will of Sir Gregory Osborne Page Turner, the testator in the cause. Sir Gregory Osborne Page Turner was, at the time of his death, seised of divers freehold and copyhold manors, lands and hereditaments for an absolute estate of inheritance. On the 19th of December 1823 he was found, by inquisition under a commission of lunacy, to be of unsound mind, so that he was not sufficient for the government of himself, his manors, messuages, lands, tenements, goods and chattels; V.-C. v.-15 450 COOKE V. TURNER 14 SIM. 494. and that he had been in the same state of unsoundness of mind from the 1st of July then last past. The inquisition and the finding thereon were traversed at the instance of Sir Gregory Osborne Page Turner, and the traverse was tried in 1826 at the Summer Assizes for the county of Bedford ; and, after the examination of numerous witnesses, the jury found a verdict in favour of the Crown, thereby establishing the finding of the inquisition; and the commission has never been superseded. Sir Gregory Osborne Page Turner, on the 18th June 1841, made his will in the following words:- [494] "This is the last will and testament of me, Sir Gregory Osborne Page Turner, Bart. I give and devise all my manors, lands, tenements and hereditaments, whatsoever and wheresoever, unto the Rev. Theophilus Leigh Cooke and the Eev. Lempster George Gregory Dryden and their heirs, to the uses and for the purposes hereinafter declared (that is to say), to the use that my wife, Helen Eliza Page Turner, may be at liberty to reside in my mansion-house at Battlesden, if she shall ao think fit, during her life, and to occupy the same and the garden and appurtenances thereto, free of rent; and, in case my said wife shall die in the lifetime of my daughter, Helen Elizabeth Fryer, the wife of the Eev. Charles Gulliver Fryer, then that my said daughter may be at liberty to reside in my said mansion-house, if she shall so think fit, during her life, and to occupy the same and the garden and appurtenances thereto, free from rent; and, subject thereto, to the use and intent that the said Theophilus Leigh Cooke and Lempster George Gregory Dryden, their heirs and assigns, may, during the life of my said daughter, by and out of the rents, issues and profits of my said hereditaments, raise, for the use of my said daughter, at the times and in the manner hereinafter mentioned, the yearly sum of 2000; and, subject thereto, as to all the rents, issues and profits of my said real estates, to the use of my said wife atid her assigns during the joint natural lives of herself and my said daughter; and, from arid immediately after the decease of either of them, my said wife and daughter, as to the whole of the said rents, issues and profits, to the use of the survivor of them, my said wife and daughter, during her natural life; and, from and immediately after the decease of the survivor of them, my said wife and daughter, to the uae of the first and every other son and sons, in succession, of my said daughter, one after [495] another, as they and every of them shall be in priority of birth, and the heirs of the body and bodies of such son and sons successively lawfully issuing; and, for default of such issue, to such and the same uses, upon and for such and the same trusts, intents and purposes, as are, in and by the last will and testament of my late father, limited and declared of and concerning the lands and hereditaments thereby devised, and of which I am tenant for life under and by virtue...
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The Act for Better Securing Trust Funds and for the Relief of Trustees. ex parte Mary Eleanor Dickson
...the £10,000; and I am therefore of opinion that she is not entitled to it. The petition must therefore be dismissed. (See Cooke v. Turner, 14 Sim. 493.) [47] The question being one relating solely to the trust of this particular legacy, the costs must come out of the fund which has given ri......
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Warbrick v Varley
...of forfeiture; Lloyd v. Branton (3 Mer. 116); Cleaver v. tipurling (2 Peere Wms. 526); Simpson v. Vickers (14 Ves. 341); Gooke v. Turner (14 Sim. 493). It is true that conditions of this description are not in general obligatory, but only in terrorem, unless there be a gift over; Roper on L......