Goodright, on the Several Demises of George Earl of Buckingham-shire and Albinia his Wife, Sir Charles Stewart and Anne Louisa his Wife, John Earl of Westmoreland, and Thomas Fane v Arthur Marquis of Downshire, and Mary his Wife
| Jurisdiction | England & Wales |
| Judgment Date | 28 November 1801 |
| Date | 28 November 1801 |
| Court | House of Lords |
English Reports Citation: 126 E.R. 1461
IN THE COURTS OF COMMON PLEAS AND EXCHEQUER CHAMBER AND IN THE HOUSE OF LORDS
[600] QoomiGHT, on the several demises of george earl of buckinghamshire and albinia bis Wife, sir charles stewart and anne louisa his Wife, john earl of westmoreland, and thomas fane, v. arthur marquis of downshire, and mary bis Wife. Nov. 28th, 1801. A. devised certain estates to B. for life, remainder to his sons and daughters in strict settlement, remainder to C. for life, remainder to his sons and daughters in like manner, remainder to his own right heirs, and died. B. being seised of the above estates as tenant for life, and also entitled to one-sixth of the reversion as one of the right heirs of A., made his will, whereby he gave to his wife, for life, all such freehold and copyhold lands as he had purchased or was seised of in fee-simple, or in exchange for other lands in Kent, and then after reciting that he had granted a lease for years to D. of the lands whereof he was tenant for life under A.'s will, declared that in case such persons as should be tenants for life or otherwise of that (a) E. 38 G. 3, B. B. Hunt on Annuities, c. 1, s. 5, p. 74. Ed. 2, cited 6 Term Sep. 737. See also Stedman v. Purehase, 6 Term Kep. 737. Harris v. Stapleton, 7 Term Rep. 205, and exparte Aiisdl, ante, vol. i. p. 62. 1462 QOODRIOHT V. THE MARQUIS OF DOWNSHIRB 2 B03. & PUL. eot. estate by virtue of A.'a will should not molest D. in the possession of the said lauds as leaad, and at the expiration of the lease should grant a new lease to hie, B.'a, wife fox her life, then he devised his lands purchased of E. and F. and all lauds that he then had or might have a right to, both freehold and copyhold, arising from exchange of land, act of Parliament, or otherwise in Kent, devised to his wife for her life, to go with and be subject to the same entail as the estates left by A. were or might be subject to by virtue of A.'a will, to take effect immediately after the decease of his wife, and in such case recommended his wife to give the furniture which belonged to the house on the estatea left by A. to whomsoever might ba living to enjoy it; but in case such persons as should be tenants for life or otherwise by virtue of A.'s will should refuse to grant such lease, or should disturb D., then he gave to his aaid wife and her heirs all his freehold and copyhold lands and houses which be had before devised to her for life only. And all the rest and residue of hia real e*tate whatsoever, and all the rest and residue of his personal estate of what nature er kitid soever or wheresoever, he gave to his said wife and her heirs, executors, administrators, and assigns for ever. D. was not molested, and a new lease waa granted to the wife of B. for her life. Held that the wife of B. was entitled to the one-sixth of the reversion under the residuary clause in B.'s will (a). Ejectment for one third part of a moiety of lands in Chislehurst, Mottingham, and Bromley, in the county of Kent. The cause was tried at the Maidstone Summer Assizes 1800t and a verdict was found for the Plaintiffs, subject to the opinion of the Court od the following case. Thomas Farrington, of Chislehurst in the county of Kent, Esq. being seised in fee simple (amongst others) of certain estates in Chislehurst, Mottingbara, and Bromley, in the aaid county (which estates are of the tenure of Gavelkind) duly made and published his last will and testament, which bears date the 13th day of January 1758, and is attested by three witnesses; and he thereby gave and devised all his manors, messuages, lands, tenements, hereditaments, and real estates whatsoever and whereso ever, which he, &o. unto and to the use of his nephew Lord Robert Bertie, and his assigns, for hia life, remainder to the use of trustees and their heirs during the life of the said Lord Robert Bertie in trust, to pre-[601]-serve contingent remainders, with remainder to the use of the first and other sons of the said Lord Robert Bertie, and the heirs of their bodies severally and in succession ; and in default of such issue, to the use of the first and other daughters of the said Lord Robert Bertie, and the heirs of their bodies severally and in succession ; and for default of such issue, to the use of hia couain Charles Townshend, Esq. for his life, with remainder to the use of trustees and their heirs during the life of the said Charles Townshend in trust, to preserve contingent remainders, with remainder to the use of the first and other sons of the said Charles Townsbend, and the heirs of the bodies of such sons severally and in succession ; and in default of such issue, to the use of the first and other daughters of the aaid Charles Townshend, and the heirs of their bodies severally and in succession; and in default of such issue, then he gave and devised all and every hia said manors, messuages, lands, tenements, hereditaments, and real estate aforesaid, unto his own right heirs for ever. , The aaid Thomas Farrington died seised of the said estates in the month of February 1758, leaving the descendants of his deceased sister Albinia, the wife of the- Duke of Ancaster, that is to say, Lord Vere Bertie, Augusta Bertie and Frances Bertie, the only children of Lord Montagu Bertie then deceased, and Lord Robert Bertie named in the will of the testator, the said Lord Vere Bertie, Lord Montagu Bertie, and Lord Robert Bertie, being the sons of the said Albinia Duchess of Aneaater, and his, the testator's, other sister Mary Selwin, his heirs according to the custom of gavelkind. Upon the death of the said Thomas Farrington, the said Lord Robert Bertie entered upon and took possession of the said estates in Chislehurst, Mottingham, and Bromley, and continued to receive the rents and profits thereof until the time of his death, which happened on the 10th of March 1782. (a) Vid&Dped. Cholmondeley v, Weattterley, 11 East, 322, 331. Goodtitle v. Meredith, 2 M. & S. 5. i Doe v. Scott, 3 M. & S. 300-304. Morgan v. Surman, 1 Taunt. 288. Doe d. King v. Front, 3 B. & A. 546, 552. 2 BOS. 4 POL, 6oa GOODRIGHT V. THE MABQUI3 OF DOWNSHIBE 1463 The said Lord Robert Bertie left no issue, and on his decease the said Charles Tawnshend entered upon and took possession of the said estates, and continued to receive thfrrents and profits thereof until the time of his death ; and he died on the 10th dayiof August 1799, without leaving any issue. The aaid Lord Vere Bertie died in the year 1770, leaving Albinia, now the wife of George Earl of Buckinghamshire, and [602] Ann Louisa, now the wifo of Sir Charles Stewart, hia daughters and coheirs acording to the custom of gavelkind. The said,Augusta, one of the daughters of the said Lord Montagu Bertie, intermarried with Lord Berghersh, and died on the 3d of January 1766, leaving John, now Earl of Westmoreland, and the Honourable Thomas Fane, her sons and coheirs according to the custom of gavelkind; and the said Frances, the other daughter of the said Lord Montagu Bertie, died in or before the month of February 1771, leaving the said John Earl of Westmoreland, and the said Thomas Fane, her nephews and coheirs according to the custom of gavelkind. The said Lord Robert Bertie at the time of his death, which happened on the 10th March 1782, as before stated, left the said Albinia, the wife of the said...
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