Doe dem. Edward Southouse Clerk, v Jenkins and Another
| Jurisdiction | England & Wales |
| Judgment Date | 15 May 1829 |
| Date | 15 May 1829 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 1142
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 3 Moo. & P. 59; 7 L. J. C. P. (O. S.) 182. Discussed, Osborn v. Marlborough, 1866, 14 L. T. 790.
[469] doe dem. edward southouse Clerk, v. jenkins and another. May 15, 1829. [S. C. 3 Moo. & P. 59; 7 L. J. C. P. (0. S.) 182. Discussed, Osbmn v. Marlborough, 1866, 14 L. T. 790.] 1. Where by a very obscure and illiterate will, property was left to devisor's four grandsons, "and to the heirs males of the said grandsons, and then to the grandsons' heirs males that part that belonged to their father, and then to the last liver to the heirs males of the said grandsons, and for want of issues males of the grandsons," over; the Court implied cross remainders.-2. The heir in tail received for ten years rent under a lease for ninety-nine years granted by his ancestor; Held, a confirmation of the lease. This was an action of ejectment brought to recover two undivided third parts of certain messuages, vaults, yards, and premises in Southouse Court, otherwise Edward's Court, in the parish of St. Martin in the Fields, in the county of Middlesex. The cause came on to be tried before Burrough J., at the sittings at Westminster after Trinity term 1828, when a verdict was found for the lessor of the Plaintiff, subject to the opinion of the Court upon the following case:- Henry Southouse being seised in fee (inter alia) of the freehold part of a messuage in the Strand, in the county of Middlesex, then called the Sun Tavern, (whereof the messuages and premises in question, or the land on which the same were situate, were at that time parcel,) by his last will and testament, bearing date the 3d day of November 1743, and properly executed and attested so as to pass real estates, after devising to his son Thomas Southouse certain lands and tenements not in question in this cause, proceeded to devise as follows: " I give and devise to my son Thomas DOB t). JENKINS 1143 Southouae, lately in the possession of Watkin, or Mrs, May, now Mrs. Hayes, tha Sun Tavern, in the Strand, in the parish of St. Martin in the Fields, in the county of Middleiex, for and during his natural life. I do give and devise to my said son Thomas Southouse all those two farms, &o. at Eavensdon, in Bedfordshire, for and during bis natural life. But whosoever shall be in possession of the said lands at Ravensdon, and all the aforesaid premises so [470] given by me to my said son Thomas Southouae, I charge on it a rent or an annuity of 401. per annum, to be paid to my daughter Ann Pellatt, for and during her natural life, and an annuity of 401. per annum to be paid to my daughter Elizabeth Parker, for and during her natural life." And in another part of the aaid will as follows: " And from and after the decease of the said Thomas Southouae, I give and devise the said farms at Ravenadon, &e., and my houses in the occupation of the late Watkins and Mrs. May, now Mrs. Hayes, to the first son of the body of the said Thomas Southouse, lawfully begotten, and fail heirs male of the body of such first son lawfully issuing, and for default of such issue, to the second, third, and fourth, and all and every other the son and sons of the body of my said son Thomas Southouse, severally and successively, and in remainder, one after another, as they and every...
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Cook v Gerrard
...by a plain intention to the contrary. 2 East, 47.(d) So cross-remainders may be created by deed, but then it must be by express words. (d) [5 Bing. 469, Doe v. Jenkins. 3 M. & P. 59, S. C.] The [other] principal cases which have been since decided upon the subject of cross-remainders in......
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Monaghan, Tenant ; Hinds, Landlord
...M. (1) Before Walker, C., Sir Peter O'Brien, L.C.J., and Fitz Gibbon and Barry, L.JJ. (1) 20 L. R. Ir. 464. (2) [1895] 2 Ir. R. 136. (3) 5 Bing. 469. (4) [1894] 2 Ir. R. (5) 26 Ir. L. T. R. 95. (6) 28 L. R. Ir. 395. (7) 14 L. R. Ir. 97. (8) 30 L. R. Ir. 568. (9) 11 L. R. Ir. 505. (10) Cowp.......