Fillingham v Bromley
| Jurisdiction | England & Wales |
| Judgment Date | 11 March 1823 |
| Date | 11 March 1823 |
| Court | High Court of Chancery |
English Reports Citation: 37 E.R. 1204
HIGH COURT OF CHANCERY
See Ganendro Mohun Tagore v. Rajah Juttendro Mohun Tagore, 1874, L. R. 1 Ind. App. 397; May v. May, 1881, 44 L. T. 413.
[530] appendix. fillinukam t\ bromley. March G, 11, 1823. [See (Janendro Mohun Tagore v. Rajah Juttendro Mohun Tarjore, 187-i, L. R. &?*; ! Ind App. a97 . May v- May 1881) 44 L T 41-j.j Devise of several estates to A. for life, with remainder to trustees to preserve contingent remainders, with remainder to the first and other sons of A. in tail male, with divers remainders over, with power, to the persons from time to time entitled to the estates devised, to lease all such estates, except an estate called Juts ; and with a direction, that the persons, who should be entitled to and possessed of the devised estates, should not lease the estate called Juts, or any part thereof, and that every such person should live and reside on the said estate called Juts ; and for default thereof, all the devised estates to go over to the person next in succession, as if the person refusing or neglecting to reside or live at Juts was actually dead. Held, in a suit, by parties making title under a recovery suffered by A. and his eldest son, against a purchaser, for specific performance, that it was too uncertain what the testator meant by the words live and reside for the Court to determine that there had been a forfeiture and a specific performance decreed. This suit was instituted for the specific performance of an agreement, entered into by the defendant, for the purchase of some property, formerly part of an estate called Juts, in the parish of St. Stephen, in the county of Cornwall. The Plaintiff's title to the property in question was deduced in the following manner : Pendock Neale, by his will, dated the 13th of November 1708, gave and devised the said estate called Juts, together with divers freehold estates, situate in the county of Nottingham, subject to certain rent-charges to his nephew Pendock Nealf. for life, and after the determination of that estate by forfeiture or otherwise in his lifetime, to trustees and their heirs during the life of the said Pendock Neale, upon the usual trusts for preserving contingent remainders, and to permit the said Pendock Neale to receive the rents during his life, and after his decease, to the first and other sons of the said Pendock Neale, severally and successively, in tail male, with remainder, to the brothers of the said [531] Pendock Neale, severally and successively, in tail male, with divers remainders over ; and he...
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