Daniel Cain, - Appellant; John Teare, and Jane Elizabeth his wife, and John Nelson, - Respondents
| Jurisdiction | UK Non-devolved |
| Judgment Date | 19 June 1843 |
| Date | 19 June 1843 |
| Court | Privy Council |
English Reports Citation: 13 E.R. 297
ON APPEAL FROM THE COURT OF CHANCERY IN THE ISLE OF MAN.
Mews' Dig. tit. Settlement; II. C. Executed Settlements, 5. S.C. 7 Jur. 567; cf. Olney v. Bates, 1855, 3 Drew. 319; Widdicombe v. Muller, 1853, 1 Drew. 443; Cormack v. Copous, 1853, 17 Beav. 397; Gill v. Barrett, 1860, 29 Beav. 372; Heasman v. Pearse, 1871, L.R. 7 Ch. 275; In re Deighton's Settled Estates, 1876, 2 Ch.D. 783; Palmer v. Orpen (1894), 1 I.R. 32; Valentine v. Fitzsimons (1894), ib. 93.
[249] ON APPEAL FROM THE COURT OF CHANCERY IN THE ISLE OF MAN. DANIEL CAIN,-Appellant; JOHN TEARE, and JANE ELIZABETH his wife, and JOHN NELSON,-Respondents * [June 19, 1843]. R. S., by deed, conveyed to Trustees real estate in the Isle of Man, upon trust, in the first instance, to permit him, the settlor, to receive the rents and profits thereof during his life, and upon his death, in trust, to pay out of the rents accruing from such land, an annuity of 40 to H. A. during his life, and to pay the residue of such rents to J. A. her heirs or assigns; and upon IT. A.'s death, in trust to convey the said lands to J. A. and hei heir^ if then living, or, if she should be then dead, unto the heir-at-law of the said J. A., and the heirs and assigns of such heir-at-law. R. S. (the settlor) died intestate and unmarried. J. A. died, leaving H. A. her heir-at-law; then H. A. died, leaving J. E. T. his heir-at-law, and who then became heir-at-law of J. A. Upon a bill filed by J. E. T. against the surviving Trustee, under the deed, for the conveyance of the estate: Held by the Judicial Committee, affirming the Decree of the Court of Chancery of the Isle of Man, that J. E. T. took by purchase under the ultimate limitation, as the person answering the description of heir-at-law of J. A. at the death of H. A.; and a conveyance decreed. By an Indenture bearing date the 9th of December 1803, made between Richard Symons, of Douglas, Esquire, of the one part, and John Cosahan and John Nelson of the other part, in consideration of the natural love and affection which Symons had for Henry Allen and Jane Allen, his half brother and sister, he gave, granted, bargained and sold unto Cosnahan and Nelson, their heirs and assigns, the estates and tenements of Bibaloe and Ballastole, in the parish of Concon, together with his intacks in that [250] parish, and the estates and tenements of Ballaquark and Shonest, in the parish of Lonan, with his intacks in that parish, within the said island ; to hold unto the said Cosnahan and Nelson, their heirs and assigns, from the day of the date thereof, in trust that they should permit and suffer the said Symons to use, occupy, possess, and enjoy, and to receive the rents, issues, and profits, for and during his natural life, without impeachment of waste; and upon the decease of him, the said * Present: The Lord President (Lord Wharncliffe), Lord Brougham, the Vice-Chancellor Knight Bruce, and the Right Hon. Dr. Lushington. P.C. ii. 297 10a IV MOORE, 251 CAIN V. TEAKE [1843] Symons, in trust to receive the yearly rents, issues, and profits, and pay the clear yearly sum of 40 thereout, to such of the sisters of Henry Allen as the said Henry Allen should live with, for the purpose of maintaining and otherwise providing for him during his life; and in case the said Henry Allen should outlive his said sisters, pay and apply the said yearly sum of 40 to and for his use and behoof during his life, and pay the remainder of the said yearly rents, issues, and profits, after the payment of the said sum of 40, and all necessary outgoings and expenses, to and for the use and behoof of the said Jane Allen, her heirs or assigns; and upon the death and decease of the said Henry Allen, in trust to assure and...
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