Earl of Bedford v Eliz. & Anne Russel
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1126
IN THE COURT OF WARDS.
[3] earl op bedford versus eliz. & anne russel. Mich. 34 and 35 Eliz. In the Court of Wards. 2. In the Court of Wards the ease was thus, between the now Earl of Bedford, and Elizabeth and Anne the daughters and heirs of John, late Lord Russell, which was put ten times to all the justices to be resolved : Francis late Earl of Bedford, was seised of the mannor of Barunke Chaldon, &c. in comitatu Dorset, in his demesne as of fee, and ao seised the fourth year of Queen Eliz. of it enfeoffed the Lord S. John of Bletsoe, and others in fee, to the use of himself for forty years, from the date of the said deed, and after to the use of the said John then his second son, and the heirs males of his body; and for default of such issue, then to the use of the right heirs of the said earl the feoffor for ever : afterwards Edward Lord Russel son and heir apparent to the said earl died without issue, and after the said John Lord Russel died without issue male, having issue the said two daughters, afterwards to wit 27 Eliz. the said Francis Earl of Bedford, by indenture made between him and the Earl POPHAM.4. EARL OF BEDFORD V. ELIZ. AND ANNE RUSSEL 1127 of Cumberland and others in consideration of the advancement of the heirs males of the body of the said earl, which by course of descent should or might succeed the said earl, in the name and dignity of the earldom of Bedford, and for the better establishment of his lordshipa manners and hereditaments, in the name and blood of the said earl, covenanted and granted with the said covenantees, that he and his heirs hereafter shall stand seised of the said manners (amongst others) to the use of himself for life, without impeachment of waste, and after his decease to the use of Francis the Lord Hussell, and the heirs males of his bodyj; & for default of such issue, to the use of Sir William Russell Knight, his youngest son, and the heirs males of his body, with divers remainders over: after which the said Francis Lord Russell died, having issue Edward the now Earl of Bedford, and after this the said Francis late Earl of Bedford died also, and whether the daughters of the said John Lord Eussell, or the now Earl of Bedford, shall have these manners of Barunke, &c. was the question ; and upon this it was argued by Coke, Sollinton and others, for the daughters, that an use at common law, was but a confidence put in some to the...
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