Goodtitle, ex dimiss. Hayward v Whitby
| Jurisdiction | England & Wales |
| Judgment Date | 08 February 1757 |
| Date | 08 February 1757 |
| Court | Court of the King's Bench |
English Reports Citation: 97 E.R. 287
IN THE COURT OF KING'S BENCH
See 8 Vin 285, pl. 4. 6 Ves. 246. 3 Durn. 43. 1 Durn. 391. 9 Ves. 228.
Approved, Doe d. Wheedon v. Lea, 1789, 3 T. R. 43. Referred to, Stanley v. Stanley, 1809, 16 Ves. 507; Phipps v. Akers, 1842, 9 Cl. & F. 596. Distinguished, Locke v. Lamb, 1867, L. R. 4 Eq. 382. Referred to, Cropton v. Davies, 1869, L. R. 4 C. P. 167.
goodtjtle, ex DiMiss. hayward versus whitby. Tuesday, 8th February 1757. Devise to trustees, in trust, to lay out the rents and profits for the maintenance of two nephews, and when they attain twenty-one, to be to them and their heirs, is an immediate gift vested in the nephews, immediately, with a trust to be executed for their benefit during their minority. [See 8 Vin 285, pi. 4. 6 Ves. 246. 3 Burn. 43. 1 Durii. 391. 9 Ves. 228.] Kje./c (Mr. Just. Foster absent.) [Approved, Doe d. Wheedon v. Lea, 1789, 3 T. R. 43. Referred to, Stanley v. Stanley, 1809, 16 Ves. 507 ; Phipps v. Akers, 1842, 9 Cl. & F. 596. Distinguished, Locke v. Lamb, 1867, L. R. 4 Eq. 382. Referred to, Cropton v. Danes, 1869, L. R. 4 C. P. 167.] This was a case from Lancaster Assizes, upon an ejectment. R. P. being seised, &c. devised all his messuages, lands, tenements, and hereditaments, whatsoever and wheresoever situate, to the Reverend Mr. Thomas Hayward and John Bates and the survivor of them and the heirs of such survivor; "in trust, that they and the survivor of them, his heirs and assigns, should lay out, employ and bestow the rents and profits of the devised premises, for the maintenance, education, bringing up and putting forth into the world, of Thomas and John Hayward, sons of the testator's sister Elizabeth Hayward, during their minorities : and when and as they should respectively attain their ages of 21, then to the use and behoof of the said sons of his sister Hayward, the said Thomas Hay ward, and John Hayward, and their heirs, equally." And the testator made the said two trustees, the Reverend Thomas Hayward and John Bates his executors. It is stated that Thomas Whitby, the defendant, is the testator's heir at law. That Thomas and John Hayward are th testator's sister's sons. Thomas Hayward the elder of the testator's said two [229] nephews died under the age of twenty-one, and without issue. Upon his death, his brother John being then under age, Thomas Whitby the testator's heir at law, was let into the moiety of the deceased nephew, Thomas Hayward, by the trustees. John the surviving brother brings the ejectment, being now come of age ; and claiming the moiety of his deceased brother as well as his own proper moiety. 288 GOODTITLE V. WHITEY 1 BURR. 230. Question-" Whether this moiety of Thomas the deceased brother, belongs to John Hayward, either as heir to his brother, or as surviving joint-tenant; or whether it belongs to Thomas Whitby, as heir at law of the testator as an undevised estate." Mr. Perrot for the plaintiff, (viz. for John...
To continue reading
Request your trial
-
Simmonds v Cock
...Fearne's Cont. Rem. (vol. 2, p. 145); Doe d. Planner v. Scudamore (2 Bos. & P. 289); Edwards v. Hammond (3 Lev. 132); Goodtitle v. Whitby (1 Burr. 228); Littleton (p. 329); Shep. Touch, (ch. 6, pp. 121, 122); Thomas v. Howell (Salk. 170); Powell's Devises (vol. 2, p. 262 (9th edit.)); Geery......
-
Sophia Phipps, Widow, - Appellant; George Holland Ackers, - Respondent
...Eliz. 122; 2 Leon. 36); Taylor v. Biddal (Ch. Gas. 188); Edwards v. Hammond (3 Lev. 132; S. C. 1 New Rep. 324, n.); Goodtitle v. Whitby (1 Burr. 228); Bromfield v. Grander (1 New Rep. 313); Fearne's Post. Works (p. 191); Doe v. Lea (3 T. Rep. 41); Stephens v. Stephens (Cas. Temp. Talb. 229)......
-
Taylor v Bydall
...And see Carter, 182. (b) Lomax v. Holmeden, 3 P. Wms. 176, and other cases cited in Doe v, Underdown, Willes, 301, n. 2 Mod. 291. (c) See 1 Burr. 228, 234. 1 W. Bl. 519. Willes, 293. 3 Bro. & Bitig. 121. Fearne Ex. Dev. p. 546, 7th edit. (1) Post, p. 458, 472. (2) S. C. 1 Lev. 135. T. Ray. ......
-
Thomas Duffield, and Emily Francis his Wife, Plaintiffs in the Court of Chancery-Appellants; Amelia Maria Elwes, Francis Const, George Law, Abraham Henry Chambers, William Hicks, George Thomas Warren Hastings Duffield, Caroline Duffield, Maria Duffield, Anna Duffield, Susan Eliza Duffield, Infants, Defendants in the same Court, by Original and Amended Bill, - Respondents
...over. So there was a gift over upon death under twenty-one. The same rule of construction applies to the cases of Goodtitle v. Whiiby (1 Burr. 228); Mansfield v. Dugard (1 Eq. Abr. 195); Doe v. Lea (3 T. R. 41); and Warier v. Hutchinson (1 Barn, and Cr. 721). [300] It has been much insisted......