Jordan v Adams
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1859 |
| Date | 01 January 1859 |
| Court | Court of Common Pleas |
English Reports Citation: 141 E.R. 645
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
Affirmed in Exchequer Chamber, 9 C. B. N. S. 483.
[748] jokdan v. auams. 1859. [Affirmed in Exchequer Chamber, 9 C. B. N. S. 48;!.] Devise to W. J., for life; and after his decease, to the " heirs male of his body," for their natural lives, in succession, according to their respective seniorities, "or in such parts and proportions, manner and form, and amongst them, as the said W. J., their father, shall by deed or will, duly executed and attested, direct, limit, or appoint:"-Held, that, by " heirs male of his body " (as explained by the context), testator meant " sons," and consequently that W. J. took only an estate for life. This is an action brought by the plaintiff against the defendant, to recover damages for the non-completion of a contract entered into between the plaintiff and Thomas Adams, deceased, for the purchase by the said Thomas Adams, deceased, from the plaintiff, of a certain farm, lands, and hereditaments, situate in Armscott, in the county of Worcester; and by order of Crowder, J., dated the 6th of May, 1859,-according to the Common Law Procedure Act, 1852, the following case was stated for the opinion of the court, without pleadings :- On or about the 18th of May, 1825, John Jordan, of Armscott, in the county of Worcester, by his last will and testament in writing, bearing date the day and year last aforesaid, and duly executed and attested as by law required for passing real and personal property, gave and devised as follows:- " 1. I give and devise unto my three friends Jeffery Bevington Lowe, of Ea,tingdon, in the county of Warwick, Thomas Stanley Hill, of Gompton Scorpion, in the same county, and Thomas Davis, of Little Compton, in the county of Gloucester, all and singular my freehold and leasehold estates, lands, tenements, hereditaments, and premises, situate at Armscott aforesaid, Bourton, in the county of Oxford, Barton-on-the-Heath, in the said county of Warwick, and Little Compton aforesaid, or elsewhere, with their several rights, members, and appurtenances, to hold all my said several estates, with their appurtenances, unto the said Jeffery Beviugton Lowe, Thomas Stanley Hill, and Thomas Davis, and the survivors and survivor of them, and the heirs, appointees, or assigns of such survivor, for [749] ever, to the uses, nevertheless, and upon the various trusts, ends, intents, and purposes hereinafter mentioned, expressed, and declared of and concerning the same ; atid I earnestly entreat my said three friends to accept of such trusteeship; and to put and carry the uses and trusts of this my will into execution and effect: " 2. Therefore, as to that part of my estate at Armscott aforesaid which I purchased of Mr. Pearshouse's trustees, I devise and bequeath the use and occupation of the rents and profits thereof to and for the use of the eldest son of Thomas Partington, of Fodenham, in the county of (irlouceater, yeoman, and his assigns, during his life, subject nevertheless to, and I do hereby charge the same with, the payment of an annuity of 201. a year, by even and equal half-yearly payments, to his mother, for her life, to whom I devise arid bequeath the same accordingly: And, from and immediately after the decease of such eldest son of the said Thomas Partington, then [ devise and bequeath the use and occupation of the same estate, or the rents and profits thereof, to the first arid every other sou and sons of his body severally and successively, according to their respective seniorities, in tail-male : And, in default of such issue male of the eldest son of the said Thomas Partington as aforesaid, then I devise and bequeath the occupation of the rents and profits of the same estate to the daughters or daughter of such eldest son of the said Thomas Partington, to take as tenants in 646 JORDAN 1\ ADAMS 6 C. B. (N. S.)750. common if more than one ; and, for default of such issue, I direct my said trustees to remain and continue seised and possessed of the said estate, in trust for my kinsman William, the son of my cousin Richard Jordan, his heirs and assigns, for ever: " 3. And, as to a certain other estate at Armscott aforesaid, consisting of a messuage or tenement, home [750] stall, and premises, and three yard lands, with the commons and appurtenances thereunto belonging, formerly Taylor's, except a close called Tubb's dose,-which close I direct shall henceforth for ever be deemed and considered as part and parcel of a certain other estate at Armscott aforesaid heretofore called Mansells, and now, together with other lands, hereditaments, and premises in the tenure or occupation of William Badger,-I do direct and appoint my said trustees to stand and remain seised and possessed thereof to the use of, and to permit and suffer my kinsman George Taylor the younger, the son of George Taylor, late of Stratford-upon-Avon, yeoman, and his assigns, to occupy and enjoy, or to receive the rente and profits thereof, during his natural life, subject nevertheless to, and charged and chargeable with, the payment of a clear annuity of .301. payable thereout by even and equal half-yearly payments, to his said father George Taylor the elder, during his natural life, to whom I devise and bequeath the same accordingly : And, from and after the decease of the said George Taylor the son, then upon trust to permit and suffer the eldest son of the said George Taylor the son to hold and enjoy the same estate, or receive and take the rents and profits thereof, for his natural life, with remainder to his heirs for ever, subject to the payment of the said annuity to the said George Taylor the elder as aforesaid : "4. And, as to a certain other estate at Armscott aforesaid, consisting of two yard lands and a half, late Lord Wentworth's, now iti the occupation of Daniel Bangham, I give, devise, and bequeath the use and occupation or the rents and profits thereof to and for the use of Thomas Jordan, the eldest son of my cousin Robert Jordan, of Little Compton aforesaid, and his assigns, during his life ; and, from and immediately [751] after his decease, then I give, devise, and bequeath the use and occupation thereof, or the rents and profits of the same estate, to the first and every other son and sons of his body severally and successively, according to their respective seniorities, in tail-male; and, in default of such issue male, then I give and devise the occupation or the rents and profits of the same estate to the daughter or daughters of the said Thomas Jordan, to take as tenants in common ; and, in default of such issue, I give and devise the same estate to the eldest brother of the said Thomas .Jordan, and his heirs for ever: "5. And, as to all other my freehold and leasehold estates situate at Armscott aforesaid, consisting of various messuages, buildings, homestalls, cottages, and seven yard lands and a half, with right of common thereunto respectively belonging, the said close called Tubb's Close, arid all other my freehold...
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