John William Spencer Brownlow Egerton, an Infant, by his next friend-Appellant; Earl Brownlow, The Honourable Charles Henry Egerton, Wilbraham Egerton, W. Tatton Egerton, and Others, - Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 19 August 1853 |
| Date | 19 August 1853 |
| Court | House of Lords |
English Reports Citation: 10 E.R. 359
House of Lords
Mews' Dig. i. 350; iii. 2120, 2121, 2126; iv. 1001; x. 307, 308; xiv. 370, 372. S.C. 23 L.J. Ch. 348; 18 Jur. 71; 8 St. Tr. N.S. 194. On question as to public policy cited in Davies v. Davies, 1887, 36 Ch. D. 364; Lound v. Grimwade, 1888, 39 Ch. D. 612; Windhill Local Board v. Vint, 1890, 45 Ch. D. 360; Maxim Nordenfelt Guns and Ammunition Co. v. Nordenfelt (1893), 1 Ch. 662; affirmed in H.L. (1894), A.C. 535. Cited on question of applicability of condition subsequent to contingent remainder (4 H.L.C. 157), in In re Harrison's Estate, 1870, L.R. 5 Ch. 412; In re Exmouth, 1883, 23 Ch. D. 164; and cf., on incidental points, Thompson v. Fisher, 1870, L.R. 10 Eq. 209; Sackville-West v. Holmesdale, 1870, L.R. 4 H.L. 561. On point as to enforced acceptance of peerage, See Parl. Pap. 1894, 278 (Lord Coleridge's case), 1895, 272, Vol. 10, p. 561.
Contingent and vested interests - Condition precedent or subsequent - Public policy - Peerage - Practice.
REPORTS OF CASES heard in the House of Lords, and decided during the Session 1853-54. By chaeles claek, Barrister-at-Law. Yol. IY. JOHN WILLIAM SPENCER BROWNLOW EGERTON, an Infant, by his next friend - Appellant; EARL BROWNLOW, The Honour able CHARLES HENRY EGERTON, WTLBRAHAM EGERTON, W. TATTON EGERTON, and Others, -Respondents [June 23, 24, 27, 28, 30; Aug. 1, 12, 19, 1853]. [Mews' Dig. i. 350; iii. 2120, 2121, 2126 ; iv. 1001; s. 307, 308; xiv. 370, 372. S.C. 23 L.J. Ch. 348; 18 Jur. 71; 8 St. Tr. N.S. 194. On question as to public policy cited in Davies v. Davies, 1887, 36 Ch. D. 364; Lound v. Grimwade, 1888, 39 Ch. D. 612 ; Windhill Local Board v. Vint, 1890, 45 Ch. D. 360 ; Maxim Nordenfelt Guns and Ammunition Co. v. Nordenfelt (1893), 1 Ch. 662; affirmed in H.L. (1894), A.C. 535. Cited on question of applicability of condition subsequent to contingent remainder (4 H.L.C. 157), in In re Harrison's Estate, 1870, L.R. 5 Ch. 412; In re Exmouth, 1883, 23 Ch. D. 164; and cf., on incidental points, Thompson v. Fisher, 1870, L.R. 10 Eq. 209 ; Sackvttle-West v. Holmesdale, 1870, L.R. 4 H.L. 561. On point as to enforced acceptance of peerage, see Parl. Pap. 1894, 278 (Lord Coleridge's case), 1895, 272, Vol. 10, p. 561.] Contingent and vested interests-Condition precedent or subsequent-Public policy- Peerage-Pro, c tic e. A contingent gift or interest has a real existence, capable, as much as a vested interest or estate, of being operated upon by a condition subsequent, and being made to cease and become void. The Earl of Bridgewater by his will devised very large real estates to trustees to make a settlement according to the limitations mentioned in the will. One of these limitations was " to Lord Alford for and during the term of ninety-nine years, if he shall so long live; " remainder to trustees during his life to preserve contingent remainders; " remainder to the use of the heirs male of his body, with remainder, in default of such issue, to the use of C. H. C. for the term of ninety-nine years, if he shall so long live; " remainder to trustees to preserve contingent remainders; " remainder to the use of the heirs male of the body of C. H. C., subject, nevertheless, as to the several uses and estates so to be limited to Lord Alford and C. H. C., and to' the trustees during their respective lives, and to the heirs male of their respective bodies, to the several provisoes for the determination thereof hereinafter contained." The testator then declared " that in the [2] settlement to be made pursuant to this my will, my said estates are not to' be limited successively to the use of the first and other sons of Lord Alford or of C. H. C., in tail male, but to the heirs male of their respective bodies, in the words1 of this my will, it being my intention, that the vesting of my estates in the heirs male of the respective bodies shall be suspended during the lives of the said Lord Alford and C. H. C. respectively." The testator then provided, " that if Lord Alford shall die without having acquired the title of Duke or Marquis of Bridgewater to him and the heirs male of his body, then, and in such case, the use and estate hereinbefore directed to be limited to the heirs male of his body shall cease and be absolutely void." There was a similar proviso' as to 359 IV H.L.C., 3 EGERTON V. BROWNLOW (EARL) [1853] Lord Alford acquiring such title within five years after he should succeed to be Earl Brownlow, and unless he did so, the testator directed that the estate limited, etc. (as before) " shall thenceforth cease and be absolutely void; and my real estates hereinbefore devised shall thereupon go over and be enjoyed according to the subsequent uses and limitations declared and directed by this my will, as if the said Lord Alford were actually dead without issue male." Lord Alford entered into possession of the estates, but died without acquiring either of the titles, leaving an heir male. Held, that the estate thus created in favour of Lord Alford's heirs male was not affected by the proviso, which was a condition subsequent, and which was void, as being against public policy, and therefore that the eldest son of Lord Alford was entitled to the estates as heir male under the limitation. Qu. Whether a subject can refuse a peerage, created either by patent or by writ. The Judges were summoned to answer questions of law: they differed in opinion on these questions. Most of the Judges being on circuit, two of their number attended on a day fixed by the House for receiving the answers, and proposed to read answers which embodied their own opinions and those of their brethren. The House adjourned the matter till the majority of the Judges should have returned from the circuit, so as to be able to attend in person, and individually express their reasons for their opinions. It was intimated that this permission to dispense with the attendance of any of the Judges to whom questions had been put, and who differed in their answers, must not be drawn into a precedent. [3] John William, the seventh Earl of Bridgewater, deceased, was, at the time of his death, possessed of very large real estates in several counties in England, and also of personal estate of great value. On the 31st, of March, 1823, he made a will duly executed and attested as by law was then required for the devise of freehold estates. By this will he gave to his wife, during the term of her natural life, the clear yearly sum of 12,000 of lawful money of Great Britain, to be charged upon certain estates in Salop and Chester, and likewise an annuity of 4000 to the Right Honourable Sir Charles Long, and to his wife Lady Long (the testator's niece), for their respective lives, charged upon the same estates; and subject to these charges he devised all his estates, whatsoever and wheresoever, " unto and to the use of the Right Honourable John Earl Brownlow, the Right Honourable Edward Herbert Lord Viscount Clive, and the said Sir Charles Long, their heirs and assigns for ever, upon trust, by such conveyances or assurances as shall be deemed expedient, or counsel shall advise, to convey and assure, settle and limit all my said hereditaments and real estates hereinbefore devised, with their appurtenances, to the several uses, upon the trusts, and for the intents and purposes, and with, under, and subject to the powers, provisoes, limitations, and declarations hereinafter by this my will declared and directed concerning the same; and in the mean time to permit and suffer my said hereditaments and real estates to be held and enjoyed by, or to pay, apply, and dispose of the rents, issues, and profits thereof, unto or for the benefit of such person or persons, or for such intents and purposes as the same would go or belong to or be applicable if such settlement had been actually made pursuant to this my will: Arid I will and direct that such conveyance and settlement shall be to the use of the heirs of my body; remainder to the use [4] of the trustees, etc." There were then certain limitations in favour of his brother's aon in tail male, which never took effect, remainder to the use of his wife for life, without impeachment of waste, and from and after her decease1, " to the use of the said Dame Amelia Long for the term of ninety-nine years, if she shall so long live: remainder to the said John Earl Brownlow and Edward Herbert Lord Viscount Clive, and their heirs, during her life, in trust to preserve contingent remainders: remainder to the use of the heirs male of the body of the said Dame Amelia Long: remainder to the use of the Right Honourable John Hume Gust, commonly called Lord Viscount Alford, the eldest son of the said John Earl Brownlow by my niece Sophia Lady Brownlow, his late wife, deceased, for and during the term of ninety-nine years computed as aforesaid, if the said John Hume Lord Viscount Alford shall so long live: remainder to the use of the said Edward Herbert Lord Viscount Clive and Sir Charles Long, and their heirs, during the life of the said John Hume Lord Viscount Alford, in trust to' preserve contingent re- 360 EGERTON V. BROWNLOW (EARL) [1853] IV H.L.C., 5 mainders: remainder to the use of the heirs male of his body: with remainder, in default of such issue, to the use oi the Honourable Charles Henry Gust, second and only younger son of the said John Earl Brownlow by the said Sophia Lady Brownlow his late wife, for the term of ninety-nine years, computed as aforesaid, if he the said Charles Henry Gust shall so long live: remainder to the use of the said Edward Herbert Lord Viscount Clive and Sir Charles Long, and their heirs, during the life of the said Charles Henry Cust, upon trust to preserve contingent remainders: re mainder to the use of the heirs male of the...
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