Doe on the demise of Gratrex and Hoffman against Homfray
| Jurisdiction | England & Wales |
| Judgment Date | 18 January 1837 |
| Date | 18 January 1837 |
| Court | Court of the King's Bench |
English Reports Citation: 112 E.R. 78
IN THE COURT OF KING'S BENCH
S. C. 1 N. & P. 401; 6 L. J. K. B. 132.
[206] DOE ON THE DEMISE OF GRATKEX AND HOFFMAN against HOIMFKAY. Wednesday, January 18th, 1837. Devisor, being seised in fee of land, devised it " to the uses hereinafter declared; that is to say, to the use and intent that D. shall receive and take the rents, &c. and pay the same to J. for the term of his natural life; and, after J.'s decease, I give and devise the same premises to the heirs of the body of J.; and, in default of such issue, I give and deviae the same premises to C. and the heirs of her body ; arid, in default of such heirs, I give and devise the same " to K. in fee. Held, that a legal estate passed to D., the trustee, though there was no direct devise to him, and though there were no trustees to preserve contingent remainders. [S. C. 1 N. & P. 401; 6 L. J. K. B. 132.] Ejectment for messuages and land in Brecknockshire. On the trial before Patteson J., at the Brecknockshire Summer Assizes, 1835, the following facts appeared. John Jones, being seised in fee of the premises in question, made his will, dated 13th July 1825, which contained the following clause :-" I give and devise all those my freehold messuages, farms, and lands, with their respective appurtenances, called," &c. (not the premises in question), " unto my said son, James Jones, to hold unto my said son, James Jones, his heirs and assigns, for ever. Also all other ray freehold estates, situated," &c. (including the premises in question), " with their respective appurtenances thereunto belonging, and every part thereof, to the uses hereinafter declared and expressed concerning the same ; that is to say, to the use and intent that the Rev. Richard Davies, Archdeacon of Brecon, and Walter Lewis, of Trevecca, in the said county of Brecon, minister of the gospel, their executors and administrators, or the executors or administrators of the survivors of them, shall and may receive and take the rents, issues, and profits of the above-mentioned estates, and pay the same to my said son, James Jones for and during the term of his natural life ; and, from and immediately after the decease of ray said son, James Jones, then I give and devise the same premises, and every part thereof, to the heirs of the body [207] of my said son, James Jones, lawfully to be begotteti; and, in default of such issue, then I give and devise the...
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