Edward Youde v Jones and Others
| Jurisdiction | England & Wales |
| Judgment Date | 25 November 1844 |
| Date | 25 November 1844 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 223
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 14 L. J. Ex. 70. See 14 Sim. 131; 8 Jur. 547.
ed\vard yoube v. jones and others. Nov. 25, 1844.-A., being entitled in fee simple to freehold estates in the county of D., in the year 1773 married B., who had freehold estates in the county of M., and also in the county of D., including Plas Madoc, in the county of D. Prior to the marriage, articles were executed between .these parties and certain trustees, on the 18th of October, 1773, by which it was stipulated, that, in case the marriage took place, A.'s estate should be settled, subject to a term of 500 years ; and B.'s estates, (not including Plas Madoc), to the use of A. and B. for their lives and the life of the survivor, and to the use of the first and other sons of the marruige, in tail, &o. There were two sons of ithe marriage, T. W. and E., and two daughters. The eldest son, T. W., having come of age, on the llth and 12th of August, 1801, the property of A., the father, was by lease and release conveyed to one W. for '2000 years, byway of mortgage; and, subject to that term, to such uses as A., and B. his wife, and T. W. their son, .should appoint; and in default, to the use of A. and B. for their lives, and afterwards to such uses as A. should appoint, or, in default, to such uses as the said estates were then limited to. On the 1st and 2nd of April, 1802, A. and B. and T. W. conveyed, by lease and release, to J. all the estates of A. and B. and T. W, in the counties of M. and D., and certain tithes theretofore the inheritance of A., in order to make J. tenant to the prtecipe ; arid the recovery was to enure to such uses as A. and B. and T. W. should appoint, &a., and, in default, then to and for and upon such and the same powers, provisoes, limitations, and agreements as the said hereditaments and premises were and stood limited to immediately before the execution of that indenture, by virtue of the articles of settlement of the 18th of October, 1773, or to or for and upon such and so many pf them as should be then existing undetermined and capable of taking effect. Common recoveries were suffered in 1802, and A. died soon after:-Held, that, in default of appointment, the deed of 1802, and recovery, did not create any other legal limitations, and that Plas Madoc was not affected thereby.-By deed, dated 22nd of December, 1809, B. and her son T. W. exercised the power of appointment given by the deed of 1802 over all the estates in the county of D. exeept Plas Madoc, (which was stated to be thereinafter more particularly described, but was not). By the same deed, B. released all her estates (save and except, to her and her assigns during her life, Plas Madoc) to J. and his heirs, to certain uses, for a term of 1000 years ; and, subject thereto, to the use and intent that B. might receive an annuity of 400, &o. ; and, subject thereto, to the use of T. W., has heirs and assigns, for ever:-Held, that Plas Madoc passed under the conveyance from B. to T. W. in fee, subject to the term of 1000 years, and that the exception of the life estate of B. was repugnant and void. [S. C. 14 L. J. Ex. 70. See 14 Sim. 131 ; 8 Jur. 547.] This was a special case directed by the Vice-Chancellor of England to be sent for the opinion of this Court. Before and at the time of the date and execution of the indenture or articles of the 18th of October, 1773, the Eev. Thomas Youde, party thereto, was entitled in fee simple to divers lands in the parishes of Ruthin, Llanfwrog and Llanynys, in the county of Denbigh, and Sarah Edwards, widow, also party thereto, was seised and entitled in fee simple to lands in the county of Montgomery, and [535] also to lands 2?4 YOUDE V. JONES 13 M. &W.S36. in the hundred of Ruthin, in the county of Denbigh, and also to a messuage called Plaa Madoc, with its appurtenances, and to other lands in the parish of Rhuahoii, in the county of Denbigh. By articles of agreement, dated the 18th of October, 1773, and made on the marriage of: Thomas Youde and the said Sarah Edwards, afterwards Sarah Youde, the said Thomas Youde and Sarah Edwards covenanted and agreed with Richard Parry and J.,Middleton, that, in case the said then intended marriage should take place, they the said Richard Parry and J. Middleton, and the survivor of them, his executora and administrators, should stand and be seised of all the messuages, lands, tenements, and hereditaments, &c. of him the said Thomas Youde, in the parishes of Uuthin, Llanf wrog, Llanynys, Clocaenog, and Efenechtyd, or elsewhere in the county of Denbigh, for the term of 500 years, upon trust, by sale of all or any part of the said estates of the said Thomas Youde, to pay and discharge as well the debts and engagements of the said Thomas Youde, as also the incumbratices then existing on the estates of the said Sarah Edwards, called Clockfan arid Rhydonen, thereinafter mentioned, and apply the same, when raised, in exoneration of the several estates as therein aforesaid ; and all that capital messuage or tenement, lands, hereditaments, and premises, of her the said Sarah Edwards, commonly called Clockfan, and all other the real estates of the said Sarah Edwards in the county of Montgomery, and also all that other capital messuage or tenement, with the lands and other appurtenances thereunto belonging, called Rhydonen, with all other the messuages, tenements, cottages, lands, and hereditaments of! her the said Sarah Edwards, situate, lying, and being in the hundred of Ruthin, in the said county of Denbigh, subject and liable to any charge affecting the same after the sale of the estate of the said Thomas Youde in manner therein aforesaid, to such uses and upon such trusts, and subject to such powers, as were thereinafter expressed and [536] declared of and concerning the same, viz. to the use of the said Tbomas Youde and Sarah his wife, during their lives and the life of the longer liver ofithem; and, from and after the decease of the survivor of them, to the use of the first and other aons of the marriage, severally and successively in tail; and, for default of such issue, to the uses of the first and Bother daughters of the marriage; and, in default of such issue, then to the use of the first and other sons of the said Sarah Edwards by any aftertaken husband, in tail; and, for default of such issue, to the use of ;the first and other daughters of the said Sarah Edwards by any after-taken husband, in tail; and, for default of issue generally of the said Sarah...
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