Hooker v Hooker. Dower
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1766 |
| Date | 01 January 1766 |
| Court | Court of the King's Bench |
English Reports Citation: 94 E.R. 1023
IN THE COURT OF KING'S BENCH
See Doe d. Planner v. Scudamore, 1800, 2 Bos. & P. 294; Lemon v. Mark [1899], 1 Ir. R. 440.
A Question in Dower sent by the Court of Chancery for the Opinion of this Court.
REPORTS of CASES ARGUED and ADJUDGED in the COURT of KING'S BENCH, in the Seventh, Eighth, Ninth, and Tenth Years, of His late Majesty KING GEORGE the SECOND. During which time the Right Honourable the EARL of HARDWICKE was LORD CHIEF JUSTICE of that Court. 1766. [1] hilary term 7 georgii 2, eegis, in B. R. Philip Lord Hardwicke, Lord Chief Justice. Sir Francis Page, Knt., Sir Edmund Probyn, Knt., William Lee, Esq., Justices. John Willes, Esq., Attorney General. Dudley Ryder, Esq., Solicitor General. hooker versus hooker. Dower. [See Doe d. Planner v. Seudamore, 1800, 2 Bos. & P. 294; Lemon v. Mark [1899], 1 Ir. R. 440.] A Question in Dower sent by the Court of Chancery for the Opinion of this Court. William Hooker the Elder, and his wife, and William Hooker the Younger, and his wife, by their deed dated 12th July 1699, covenanted to levy a fine to the use of the conuseea in fee. The fine was levied, and afterwards the conusees by lease and release convey to Young and Goady for the use of William Hooker the Elder for life, and to his wife, if she survive; then to William Hooker the Younger for life, who was the son and heir apparent of .William Hooker the Elder; remainder to his first and other sons in tail; remainder to his daughters in tail; remainder to William Hooker the Elder in fee, with power to Hooker the Younger to settle on any other wife. WUliam Hooker the Elder, and his wife, died without other issue in the life-time of William Hooker the Younger, whose wife also died. William Hooker the Younger had two other wives, and the last is the plaintiff; and he being dead without issue, the question is, whether the last wife be intitled to dower in these lands. [2] The counsel for the plaintiff argued, that this question depended upon what estate Hooker the Younger had at the death of Hooker the Elder; for by the deed it is plain he took only an estate for life, but it is apprehended that the remainder in fee descending and coming to him on the death of Hooker the Elder, the plaintiff will be plainly intitled to her dower. And in case the remainder did not descend to him, it will be the same ; for both estates were so consolidated as to make him tenant in fee. But it has been objected, that though the estates were consolidated, yet that they might open again to let in the contingent remainders, as was held in Lewis Bowles's * * Lewis Bowles, Esq; brought an action upon the case upon trover against Hasel-dine Bury the Younger, which began in the King's Bench, Hill. 10 Jacobi Regis, Rot. 1319, and declared, that he was possessed of 30 cart loads of timber and lost them, 1023 1024 HIL. TERM 7 QEO. 2, B. R. CUN. 3. case in the llth report; and therefore that [3] Hooker the Younger was in effect but tenant for life, and consequently that the plaintiff his widow can be no way intitled to dower in these lands. But in answer to this objection, it must be considered, that the reason of Lewis Bowles's case was, because all the claims appeared by the same deed; but here this is a matter intirely dehors the deed: besides, as Hooker the Younger died without issue, there never was any occasion to open the estates; and by his death the contingency is intirely determined ; the contingent remainder was destroyed on the death of Hooker the Elder; and the fee falling on the estate for life could not but drown the estate for life so as to stop the contingent remainders; which as they could not take effect on the death of Hooker the Elder, never should after- and that they came to the hands of defendant, and that he, 20 Feb. anno 9 Jac. Regis, at Norton in the county of Hertford, converted them to his own use; and upon not guilty pleaded, the jury gave a special verdict to this effect. Thomas Bowles, Esq; grandfather to the said Lewis, was seised of the manor of Norton-Bury in the said county in fee, and 1 Sept. an. 12, by indenture, betwixt him on the one part, and William Hide and Leonard Hide of the other part, in consideration of a marriage to ba had betwixt the said Thomas Bowles, and Anne daughter of the said William Hide, &c. covenanted that after the said marriage had and solemnized, that the said Thomas, his heirs and assigns, would stand seised of the said manor of Norton-Bury to the use of the said Thomas and Anne, for the term of their lives, without impeachment of waste; and after their deceases to the use of their first issue male, and to the heirs male of such issue lawfully begotten, and so over to the second, third, and fourth issue male, &c. and for want of such issue, to the use of...
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