Feakes v Standley
| Jurisdiction | England & Wales |
| Judgment Date | 23 November 1857 |
| Date | 23 November 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 445
ROLLS COURT
24BEAV. 488. PEAKES V. STANDLEY 445 [485] feakes v. standley. Nov. 23, 1857. Devise to A. for life, with remainder to B. and his heirs, but if B. died in the life of A. " without leaving lawful issue," then immediately after the death of A. the lands were to be aold and the produce divided. And in case B. should outlive A., and die "without leaving any lawful issue," then the lands were to he sold by B.'s " executors" and the proceeds divided. B. survived A. Held, that he took an estate tail, and not an estate in fee with an executory devise over, and therefore that he could make a good title to a purchaser. The testator, Charles Lacey, devised his lands, &c., to his wife for life, and then proceeded in the following terms :-" And immediately after the decease of the said Rebecca my wife, I give and devise all my said messuages unto Charles Feakes my nephew, to hold the same unto the said Charles Feakes my nephew, his heirs and assigns for ever." But in case the said Charles Feakes my nephew should depart this life before the said Rebecca my wife, without leaving lawful issue, then it is my will that, immediately after the decease of the said Rebecca, my wife, the said lands, &c., shall be sold, and the money arising from such sale shall be divided equally, share and share alike, between the family nearest of kin to me Charles Lacy and the family nearest of kin to the said Rebecca my wife jointly. " Also in case the said Charles Feakes shall outlive the said Rebecca my wife and depart this life without leaving any lawful issue, then it is my will that the said lands, tenements and hereditaments shall be sold by his executors, and the money arising from such sale shall be divided, share and share alike, between the said families nearest of kin of me Charles Lacey and of the said Rebecca my wife jointly." The testator died in 1837, and his widow in 1857. The Plaintiff Charles Feakes, who was a bachelor, had agreed to sell part of the property to the Defendant [486] Standley, and questions had arisen between them as to the title. The Plaintiff contended that, according to the true construction of the will, he was now tenant in tail in possession of the property sold, and was able, by means of a deed enrolled under the " Fines and Recoveries Abolition Act," to convey the same to the Defendant in fee-simple. The Defendant, on the other hand, contended that, according to the true...
To continue reading
Request your trial
-
The Estate of Richard St. Leger Broderick Chinnery, Owner and Petitioner
...1 K. & J. 74. Barlow v. Salter 17 Ves. 479. Massey v. HudsonENR 2 Mer. 130. Morris v. MorrisENR 17 Beav. 198. Feakes v. StandleyENR 24 Beav. 485. Jones v. Ryan 9 Ir. Eq. R. 249. Wood v. BaronENR 1 East, 259. Blesard v. SimpsonUNK 3 M. & G. 929. Johnson v. JohnsonENR 8 Ex. 81. Glover v. Monc......