Forth v Chapman
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1720 |
| Date | 01 January 1720 |
| Court | High Court of Chancery |
English Reports Citation: 24 E.R. 559
LORD CHANCELLOR PARKER.
See Porter v. Bradley, 1789, 3 T. E. 146; Crooke v. De Vandes, 1803, 9 Ves. Jun. 197; In re Jeafferson's Trusts, 1866, L. R. 2 Eq. 280; Herrick v. Franklin, 1868, L. R. 6 Eq. 596; Prescott v. Barker, 1874, L. R. 9 Ch. 188; Olivant v. Wright, 1878, 9 Ch. D. 650; Studd v. Cook, 1883, 8 App. Cas. 592; In re Ball, Slattery v. Ball, 1888, 40 Ch. D. 14.
Case 189.-forth versus chapman. [1720.] [See Porter v. Bradley, 1789, 3 T. E. 146; Crooke v. De Vandes, 1803, 9 Ves. Jun.'' 197; In re Jeafferson's Trusts, 1866, L. E. 2 Eq. 280; Herrick v. Franklin, 1868, L. E. 6 Eq. 596 ; Prescott v. Barker, 1874, L. E. 9 Ch. 188 ; Olivant v. Wright, 1878, 9 Ch. D. 650; Studd v. Cook, 1883, 8 App. Cas. 592 ; In re Ball, Slattery v. Ball, 1888, 40 Ch. D. 14.] . . Lord Chancellor Parker. 2 Eq. Ca. Ab. 292, pi. 16; 359, pi. 15. One possessed of a term devises it to A. and B., and if either of them die and leave no issue of their respective bodies, then to C. This held a good limitation to C. if A. or B. left no issue at their death. This cause was reserved for the judgment of the Master of the Bolls, who, after time taken to consider thereof, gave his opinion (17 Nov. 1719). The case'was, [664] One Walter Gore by will devises thus : all the residue of his estate real and personal he gave to John Chapman in trust only the lease of the ground he held of the school of Bangor, for the use of his nephews William Gore and Walter Gore during the term (in the Register Book it is said termination) of the lease as herein after limited, and having given several legacies, declared his will as to the remainder of the said estate, as well as his freehold house in Shaw's Court, with all the rest of his goods and chattels whatsoever and wheresoever, he gave to his nephew William Gore ; and if either of his nephews William or Walter should depart this life and leave no issue for their respective bodies, then he gave the said [leasehold] premisses to the daughter of his brother William Gore, and the children of his sister Sibley Price : upon which the question arose, whether the limitation over of the leasehold premisses to the children of the devisor's brother and sister, was void as too remote 1 The court was of opinion that the devise over was void, and said that had the words been, if A. or B. should die without issue, the remainder over ; this plainly would have been void, and exactly the case of Love and Wyndham, 1 Sid. 450; 1 Vent. 79 ; 1 Mod. 50. Now there is no diversity...
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