James v Lord Wynford
| Jurisdiction | England & Wales |
| Judgment Date | 13 June 1854 |
| Date | 13 June 1854 |
| Court | High Court of Chancery |
English Reports Citation: 65 E.R. 18
HIGH COURT OF CHANCERY
S. C. 22 L. J. Ch. 450; 17 Jur. 17; 1 W. R. 66. For subsequent proceedings, see 2 Sm. & G. 350.
[40] james v. lord wynford. Nov. 18, 19, 20, 22, 23, Dec. 1, 1852. [S. C. 22 L. J. Ch. 450; 17 Jur. 17 ; 1 W. E. 66. For subsequent proceedings, see 2 Sm. & G. 350.] Freehold and leasehold estates were devised upon trust, after certain trusts that failed, to receive the rents, and pay them for the benefit of the testator's daughter's son R., and all other sons she should leave, until he and they should attain the age of twenty-five years, and on attaining that age, in trust for the heirs, executors, administrators and assigns of the said E.., and all other such sons as the daughter should leave, who should attain the age of twenty-five years; but if the daughter should leave no sons, and they should die without attaining that age, then in trust ISM. & GOT. 41. JAMBS V. LORD WYNFORD 19 for other objects. Held, that the gift to E. and the other sons of the testator's daughter was well vested in them, though liable to be divested in case of death under the age of twenty-five. Observations on Porter v. Fox (6 Sim. 485) and how far it is consistent with Leake v. Eobinsim (2 Mer. 203). Other freehold and leasehold estates were devised upon trust to receive the rents, and pay them to the-testator's daughter for life, and after her decease to apply the rents or so much thereof as should be necessary for the maintenance of the daughter's son E.., and all other sons she should leave, until they should attain twenty-five; and on their attaining that age, in trust for E. and such other sons for life as tenants in common; and after their deceases, in trust for the eldest son of E., and the eldest of all and every of the sons of the testator's daughter, and their heirs male in tail, as should survive her, with trusts over in default of issue. Held, that the eldest son of E., and the sons of the daughter other than E., were presently entitled as tenants in tail male in remainder as to the freehold estates; and that, the freehold and leasehold lands being given together, the estate in the freehold being vested in tail the estate in the leasehold must vest absolutely in the first tenant in tail. SemUe, a gift by will to an individual named and known to the testator does not fail because there are words superadded which include a class to take with him, as to which class the gift must wholly fail, because as to some of them it might be too remote; secus, where an individual is named as one of a class. Eobert Taylor, late of Crewkerne, gentleman, being seised of certain freehold hereditaments in the parishes of Crewkerne and North Perrott, and also possessed of certain leasehold estates in the parishes of Crewkerne and Misterton, made his will, dated the 5th of April 1796, and thereby, after limiting, devising and appointing the messuages, tenements and lands therein specified, and all other the messuages, lands and tenements comprised in the settlement made on his marriage with Mary, his late wife, in pursuance of a power in the said settlement in that behalf contained to his daughter, Mary Ann Taylor, smce deceased, but which devise, limitation and appointment did not comprise or affect the freehold and leasehold estates in either of the above-named parishes of which he was so as aforesaid seised and possessed, gave and devised unto the Eight Hon. William [41] Draper Lord Wynford, then William Draper Best, Esq., and Thomas Best, his brother, since deceased, their heirs, executors and administrators, all his freehold and leasehold estates not thereinbefore mentioned lying within the said parish of Crewkerne, his dwelling-house included, upon trust that they, his said trustees and the survivor of them, and the executors or administrators of such survivor, should from time to time set and let his said estates for any term of years not exceeding seven years, and receive and take the clear yearly rents and profits thereof, and pay the same into the hands of.his daughter Mary Ann Taylor and to no other; whether she might be married or sole, and whose receipt should be a discharge, for and during the term of her natural life, or permit his said daughter to receive the rents and profits thereof, for and during the term of her natural life; and from and after the decease of his said daughter, then in trust to receive and pay the rents and profits of his said estates to and for the use and benefit of all and every the son and sons of his said daughter as she might leave behind her, to and for his and their support, education and maintenance, until he and they should attain his or their age or ages of twenty-five years; and on his or their attaining that age, then in trust for the heirs, executors, administrators and assigns of all and every the said sons or son of his said daughter, Mary Ann Taylor, for all such term and terms, estate and interest, both freehold and leasehold, as he had, could give, or was in anywise entitled unto; but in case his said daughter Mary Ann should happen to leave no son or sons living at her death, or if sons and all such sons should die before he or they should attain the age of twenty-five years, then in trust to pay and apply the rents and profits of the said estates to and for the benefit of all and every the daughter and daughters of his said daughter Mary Ann that should attain the age of twenty-five years, to whom he gave the same, and their heirs, executors, administrators and assigns, as therein expressed, for all such term, estate and [42] interest as he had or could give therein; but in 20 JAMES V. LORD WYNFOBD 1SM. & GIFF. 43. case his said daughter Mary Ann should happen,to die having no child or children, then the said testator willed that the said Lord Wynford and Thomas Best, and the survivor of them, and the executors and administrators of such survivor, should receive the rents and profits of his said estates, and pay or apply the same to and for the sole and only use of his, the said testator's, daughter Bridget, whose receipts alone should be discharges for and during the term of her natural life; and from and after her decease, then in trust to receive the clear yearly rents and profits, and pay and apply the same to and for the use and benefit of his daughter Bridget's son Eobert, and all and every other son and sons as she should happen to have until he or they should attain his and their age and ages of twenty-five years; and on his and their attaining that age, in trust for the heirs, executors, administrators and assigns of the said Eobert, and all and every other son and sons as his said daughter Bridget should happen to leave and to attain the age of twenty-five years, for all such terms, estate and interest, both freehold and leasehold, as he could give therein; but in case his said daughter Bridget should leave no son or sons, and they should all happen to die without attaining the age of twenty-five years, then in trust for all and every the daughter and daughters of his said daughter Bridget that should attain the age of twenty-five years, her and their heirs, executors, administrators and assigns; but in case his said daughter Bridget should leave no son or daughter at her decease living that should attain the age of twenty-five years, then, and in such case, the said testator gave and devised his said freehold and leasehold estates lying in Crewkerne aforesaid unto his three nephews, Henry, William and - John Higgins, and to the survivor of them, his and their heirs, executors, administrators and assigns, equally between them as tenants in common, and to the heirs, executors and administrators of such survivor, and to and for and upon no [43] other trust whatsoever. The said testator also gave, devised and bequeathed all that his freehold estates lying within the parish of North Perrott aforesaid, with the several closes of land thereto belonging, and his leasehold estate in the parish of Misterton aforesaid, to the said Lord Wynford and Thomas Best, their heirs, executors and administrators, in trust that they, the said testator's trustees, and the survivor of them, and the heirs, executors and administrators of such survivor, should from time to time set and let his said estates for any term not exceeding seven years, and receive the clear yearly rents and profits thereof, and pay the same into the hands of his said daughter Bridget [who was then the wife of the Eev. Eichard Abraham], and to no other, whose receipts, notwithstanding her coverture, should be discharges, for and during the term of her natural life; and from and after her decease, that his, the said testator's trustees, and the survivor of them, and the heirs, executors and administrators of such survivor, should receive, and pay and apply the rents and profits of his said estates, or so much thereof as should be necessary, to and for the support, education and maintenance of his said daughter's son Eobert, and all and every other son and sons as she might happen to leave, until he and they should attain the age or ages of twenty-five years; and on his and their attaining that age, then in trust for the said Eobert, and such other son and sons, and their assigns, for and during the term of his and their natural lives, as tenants in common ; and from and after their deceases, then in trust for the eldest son of the said Eobert, and the eldest of all and every of the sons of his said daughter'Bridget, and the heirs male of his and their body and bodies lawfully to be begotten, as should survive her; and for want and in default of such issue, then in trust for all and every the daughter and daughters, and the heirs male of the body and bodies of such daughter and daughters as the said testator's said daughter Bridget should leave behind her at her decease; and for want and [44] in default of such issue male or female, then in...
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