Estcourt v Warry
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1724 |
| Date | 01 January 1724 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 576
IN THE COURT OF KING'S BENCH
Estcourt
and
Warry
estcourt versus waery. Devise to infant in ventre sa mere, if a son, &c. A man possessed of a term devised it to an infant in ventre sa mere, provided it be a son; and if the child be a son, and die in its minority, then to the defendant; COMBERBACH, 438. ANNO 9 WILL. III. IN B. R. 577 the ex-[438]-ecutor assented, but the child being a daughter, it was adjudged upon a special verdict, that the defendant cannot take, because here is a condition precedent, which never happen'd, and the executors assent is not material, where there is no devise.
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8 cases
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Doe, Lessee of Fonnereau, against Fonnereau
...of (g) Cited supra, p. 77, note (x). (h) Supra, p. 75. [t 108] Vide, also, in the case of a term, Estcmrt v. JVarry, B. R. T. 9 Will. 3, Comb. 437. (t) 1 Vez. 422. [f 5] See Mr. Powell's note to the fifth edition of Fearne Cont. Rem. vol. II. p. 493, where he states that this position is er......
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Andrews, on the Demise of Jones v Fulham
...189. 1 Salk. 229. 12 Mod. 278. (e) 1 Eq. Ab. 245. Gilb. Eq. Rep. 74. Free. Cha. 316. (/) 12 Mod. 128, by name of Grascot v. Warren. S. C. Comb. 437, by name of Estcourt v. Warty. English Reports Citation: 95 E.R. 390 IN THE COURT OF KING'S BENCH, AT WESTMINSTERAndrews, on the Demise of Jon......
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Doe ex dim. Morris against Underdown
...Court went in favour of the heir. It is an imperfect case and not of the greatest authority. Holcroft's ease, Moore 486. Graced v. Warren, Comb. 437, and in cases in K. Wm.'s time, which is a case very like the present but stronger of the two, for here the defendants claim under an heir at ......
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Doo against Brabant
...Lord 3 BRO, C. C. 398. BOO V. BRABANT 607 Hardwicke, in Fonnereau v. Fonnereau [3 Atk. 316, 318], denied the case of Glasscock v. Warren, Comb. 437 [there called Eastcourt v. Warry (see also 1 Ves. 421)], because it was not to be found upon the roll; but I do not think that a sufficient gro......
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