Frank against Stovin
| Jurisdiction | England & Wales |
| Judgment Date | 13 May 1803 |
| Date | 13 May 1803 |
| Court | Court of the King's Bench |
English Reports Citation: 102 E.R. 706
IN THE COURT OF KING'S BENCH.
[548] frank against stovin. Friday, May 13th, 1803. Under a devise to A. for life, without impeachment of waste, and with a power of jointuring, remainder to the issue male of A.'s body and their heirs, and in default of such issue to B. for life, without impeachment of waste and with power of jointuring, remainder to the issue male of B.'s body and their heirs for ever: with a proviso that in ease A. or B. should become possessed of any other estate, and be obliged to change his name, that he should have the option which to take, but not to take both estates, but that one of the estates should go to the other of his nephews : remainder and residue of the testator's estate to A. in fee : Held A. who had no (a) 2 Stra. 877. .EAST, 549. FBANK V. STOVIN f 707 * child till after the death of the testator took an estate tail under the first devise, arid that, a recovery suffered by him after the birth of a son was good. [Referred to, Morgan v. Thomas, 1882, 8 Q. B. D. 577; 9 Q. B. D. 643.] The following case was sent by the Master of the Rolls for the opinion of this Court. Kichard Frank by his will, in writing dated 19th May 1762, duly executed and attested, gave and bequeathed to his nephew Bacon Frank, the plaintiff, all his estates whatsoever as well freehold as copyhold in possession and reversion in the county of York, subject as therein mentioned, to hold to the said B. Frank for the term of his natural life, without impeachment of waste, and with power to make a certain jointure thereout for any future wife; and from and after his decease, then to the use of the issue male of the body of his said nephew B. F. lawfully begotten or to be begotten, and their heirs; (subject as aforesaid). And in default of such issue then he devised the same estates to the use of his nephew Richard Frank and his assigns, for life, without impeachment of waste, subject as aforesaid, with a like power of jointuring; and from and after the decease of his said nephew R. F., then to the use of the issue male of the body of his said nephew R. F. lawfully begotten, or to be begotten, and their heirs, subject as aforesaid : and in default of such issue, then to the use of his nephew Francis Frank and his assigns for life, without impeachment of waste, (subject as aforesaid,) with a like power of jointuring; and from and after the decease of his said nephew, F. F. then to the use of the...
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