Eyre v Green
| Jurisdiction | England & Wales |
| Judgment Date | 25 April 1846 |
| Date | 25 April 1846 |
| Court | High Court of Chancery |
English Reports Citation: 63 E.R. 846
HIGH COURT OF CHANCERY
S. C. 10 Jur. 384.
[527] eyre v. green. April 25, 1846. [S. C. 10 Jur. 384.] The owner of estates in the counties of Oxford and Berks covenanted on his marriage to convey such part of them to trustees as should be of the annual value of 900, to the use of himself for life, with remainder to the use and intent that his intended wife should yearly receive for her jointure 800, to be charged upon the same hereditaments. The settlor, not having made any settlement in pursuance of the covenant, by his will, confirming the settlement, devised his estates in the counties of Oxford and Berkshire to his wife for life. He afterwards, by deed, revoked his will as to the estates in Oxfordshire, which, consequently on his death, descended to his heir at law. The jointress insisted that she was entitled to the Berkshire estate for her life, free from any contribution towards her jointure; and that the Oxfordshire estates were exclusively liable to satisfy the covenant. But it was held that, as no intention to benefit the jointress to the extent for which she contended appeared on the face of the will, the two estates were liable to contribute rateably to the satisfaction of the covenant. At the time of the execution of the next-mentioned indenture, Jeremiah Hodges was, under the will of his father, Anthony Hodges, tenant for life in possession of a mansion-house, called Boulney Court, and of certain freehold estates in the county of Oxford, and of a copyhold estate in the county of Berks, with remainder to his son, William Hodges, in tail, but subject, as to part of the estates in the county of Oxford, to a mortgage for a term of 2000 years, created by Anthony Hodges, by an indenture dated the 7th March 1754, for securing the principal sum of 8000 and interest. By an indenture, dated the 19th December 1803, being the settlement executed on the marriage of William Hodges [528] with his wife Catherine, after reciting, among other things, that, by the will of Anthony Hodges, he was seised in remainder in tail male expectant on the decease of Jeremiah Hodges, his father, of the said capital messuage of Boulney, and other hereditaments in the counties of Oxford and Berks, then of the annual value of 1500, or thereabouts, he did, for himself, his heirs, executors and administrators, covenant with Edmund Francis Green, Charles Green, John Eyre and Walpole Eyre, their heirs and assigns, well and effectually to grant, convey, settle, limit or assure such or so much and such part thereof as should be of the clear annual amount of 900 and upwards, clear of all mortgages and 2COH.5Z9. EYRE'tX GREEN 847 incumbranCes, to the use of himself, for life, and, after his death, to the use, intent . and purpose that the said Catherine (in .ease she should survive him) and her assigns should, immediately after his decease, yearly receive and take for" her life, for her jointure and in bar of dower, one annual sum or clear yearly rent-charge of 800, to be chargeable upon and-yearly issuing and payable out of the said hereditaments of the annual amount or value, of 900, -go to be conveyed as aforesaid, and to be paid yearly; with usual powers of distress and entry, and perception - of rents and profits without impeachment of waste, for securing the payment of .the said rent-charge; and, subject thereto, to the use of the said covenantees -for 100 years upon trust for securing the said annuity; with remainder to the use of the covenantor in fee. William Hodges, by his will, dated the 9th May 1806, after confirming the settle ment made on his marriage, gave and devised to Edmund Francis Green and Charles Green and their heirs all that his capital mansion-house, called Boulney Court, with the pleasure-grounds...
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