Elizabeth Ackland, Widow of John Ackland, deceased v Rich. Ackland & Ux' et Al
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1713 |
| Date | 01 January 1713 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 1045
IN CURIA CANCELLARIÆ.
[6861 Case 611. ----NicHous versus HOOPER. Lord Keeper. June 16, 1708. [1] Eq. Ca. Ab. 202, pl. 22, S. C. A. devises lands to his son and his heirs : and if his son dies without issue, then £200 to his daughter. Son leaves issue, which dies without issue. The £200 not due. John Jackson, llth March 1693, devised his estate at A. to Mary his wife for life, and after her decease to his son Thomas, his heirs and assigns for ever. Provided if Thomas died without issue of his body ; then he bequeathed unto his daughters Mary Nicholls and Elizabeth Newman £200, to be divided equally between them, and to be paid out of his estate within six months after the decease of the survivor of the wife and son. Mary the widow died, Thomas the son also died, leaving issue I. S. who died within three months after the father. The bill was to have the £200. Per Cur. Although in some cases a man is said to die without issue, whenever there is a failure of issue, as to the limitation over of lands of inheritance ; yet in this case the £200, as a personal legacy, was not intended to arise upon any remoter contingency, than that of Thomas dying without issue living at his death, and therefore dismissed the bill. (Vide 1 P. Wms. 198, S. C. and particularly note (3), p. 200 ; and as to the construction of the words "dying without issue," &c. [Deering v. Danbury, ante, 1 vol. 478.] Pawlett v. Dogget, ante, p. 88, and cases cited in note there.) [687] DE TERM. S. HILLARII, 1713, IN CURIA CANCELLARIIE. Case 612.-ELIZABETH ACKLAND, Widow of JOHN ACKLAND, deceased versus RICH. ACKLAND & Ux' & Al'. [1] Eq. Ca. Ab. 177, pl. 14, S. C. A. devises to his brother B. all his lands and hereditaments, and all his personal estate, desiring him to pay his debts and legacies. A fee passes. Arthur Ackland by will devised to his brother Richard, all his lands, tenements, and hereditaments, and all his personal estate, and whatever else he had in the world, and made him executor, desiring him to pay his debts and legacies. On a special verdict in communi banco, adjudged the inheritance passed by this devise : Richard Ackland, the devisee, was the testator's younger brother ; and John his eldest brother left a daughter.(1) (1) -Vide on this point note to Hook v. Taylor, ante, p. 562. Et vide the doctrine of the principal case recognised in Tanner v. Wise...
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Tanner v Wise
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