Julia Langston, an Infant, by the Hon. Henry George Francis Moreton, her next Friend; Maria Sarah Langston, Chas. Barter, the elder, and Elizabeth Catherine, his Wife, and Charles Barter, the younger, an Infant, by the said Charles Barter, the elder, his next Friend, - Appellants; James Haughton Langston, Sir Charles Morice Pole, Bart., and Haughton Farmer Okeover, - Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1834 |
| Date | 01 January 1834 |
| Court | High Court of Chancery |
English Reports Citation: 5 E.R. 908
COURT OF CHANCERY.
Mews' Dig. xv. 707, 1846,1847. S.C. 2 C1. & F. 194; and, in Court below, sub nom. Langston v. Pole, 9 D. & R. 298; 5 Bing. 228; Taml. 119. Discussed and explained in Grant v. Grant, 1875, L. R. 5 C. P. 735; and see In re Thomson's Trusts, 1870, L. R. 11 Eq. 148; and distinguished in Locke v. Dunlop, 1888, 39 Ch. D. 387.
[167] ENGLAND. COUET OF CHANCERY. julia langston, an Infant, by the Hon. henry george francis moreton, her .next Friend; maeia sarah langston, chas. barter, the elder, and elizabeth catherine, his Wife, and charles barter, the younger, an Infant, by the said charles barter, the elder, his next Friend,- Appellants; james haughton langston, Sir charles moeice pole, Bart., and haughton farmer okeover,-Respondents [1834]. [Mews' Dig. xv. 707, 1846,1847. S.C. 2 Cl. & F. 194; and, in Court below, sub nom. Langston v. Pole, 9 D. & R. 298; 5 Bing. 228; Taml. 119. Discussed and explained in Grant v. Grant, 1875, L. R. 5 C. P. 735; and see In re Thomson's Trusts, 1870, L. R. 11 Eq. 148 ; and distinguished in Locke v. Dunlop, 1888, 39 Ch. D. 387.] Upon a will, devising lands in trust to be conveyed and settled to the use of L., the devisor's eldest son, for his life, remainder to his second, third, fourth) fifth, and all and every other the son and sons of the body of L., lawfully to be begotten, severally, successively, and in remainder, one after another, as they and every of them should be in seniority of age and priority of birth, and the heirs male of their bodies respectively: Held upon the words and context of the will, making provisions inconsistent with the intention that a first son of L. should be excluded--that such first Son took an estate in the lands in tail male. [168] John Langston, being seised in fee of considerable estates in Middlesex and Oxfordshire, and being also seised to him and his heirs of several copyhold estates in the same counties, made and published his last will and testament, in writing, bearing date the 28th day of July, 1801, which was executed and attested in the manner by law required to pass freehold estates by devise : and he thereby gave and devised all his freehold and copyhold manors, messuages, farms, lands, tenements, tithes, and hereditaments, situate and being in the several counties of Oxford and Middlesex, or elsewhere in England (except his shares in the New River Company), unto John Pollexfen Bastard, Esq., John Williams Hope, Esq., and Charles Morice Pole, Esq. (now Sir Charles Morice Pole, Bart., one of the above-named Respondents), their heirs and assigns, upon the trusts and for the purposes therein and partly herein-after mentioned (that is to say): upon trust during the minority of the said testator's son, the above-named Respondent James Haughton Langston, to receive the rents and profits thereof, and to dispose of the same for the purposes in the said will mentioned; and upon this further trust, that when the Respondent, James Haughton Langston, should attain the age of twenty-one years, the said trustees, or the survivors or survivor of them, or the heirs or assigns of such survivor, should, by good and sufficient conveyances and assurances in the law, convey, settle, and assure the same manors, messuages, 'farms, lands, tenements, tithes, and hereditaments therein-before to them devised, So and in such manner as that the same should and-might remain, [169] continue, 908 LANGSTON V. LANGSTON [1834] VIII BMGH N. S. and be, to, for, and upon the several uses, trusts, and purposes, and by, with, under, and subject to, the several powers, provisoes, declarations, limitations and agreements therein and partly herein-after mentioned, expressed, and declared, of and concerning the same, or such and so many of them as should be then subsisting or capable of taking effect (that is to say): to the use of the said testator's son, the Eespondent, James Haughton Langston, for and during the term of his natural life, without impeachment of waste, and from and after the determination of that estate by forfeiture or otherwise, in his lifetime; to the use of trustees to be named in such settlement and their heirs, during the life of him, the Respondent, James Haughton Langston; in trust, by the usual ways and means, to preserve the contingent uses and estates to be therein-after limited with remainder; to the use of the second, third, fourth, fifth, and all and every other the son and sons of the body of him, the said Respondent, James Haughton Langston, lawfully to be begotten, severally, successively, and in remainder, one after another, as they and every of them should be in seniority of age and priority of birth, and the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing, the elder of such sons, and the heirs male of his body, to be always preferred, and to take before the younger of such son and sons, and the heirs male of his and their bodyand bodies issuing with remainder: To the use of the said testator's second and other sons successively in tail male with remainder: To the use of other trustees to be named in the said settlement, their executors, ad-[170]-ministrators and assigns, for the term of 500 years upon the trusts, and for the intents and purposes therein-after mentioned, with remainder for the use of the first, second, third, fourth, fifth, and all and every other the daughter and daughters of the body of. the said Respondent, James Haughton Langston, lawfully to be begotten, severally, successively, and in remainder, one after another, as they and every of them should be in seniority of age and priority of birth ; and the several and respective heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, the elder of such daughters, and the heirs of her body, to be always preferred and to take before the younger of such daughter and daughters, and the heirs of her and their body and bodies issuing; and for default of such issue, to the use of other trustees to be named in the said settlement, their executors, administrators and assigns, for the term of ninety-nine years, upon the trusts and for the intents and purposes in the said will mentioned with remainder : To the use of the said testator's eldest daughter, the Appellant, Maria Sarah Langston, and her assigns, for and during the term of her natural life without impeachment of waste, and from and after the determination of that estate by forfeiture in her lifetime: To the use of the same trustees to be in the said settlement named for preserving contingent remainders, and their heirs, during the life of her the said testator's said daughter : In trust, by the usual ways and means, to preserve the contingent uses and estates to be therein-after limited with remainder : To the use of the first, second, third, fourth, fifth, and all and every other the [171] son and sons of the body of her the said testator's said daughter lawfully to be begotten, severally, successively, and in remainder, one after another, as they and every of them should be, in seniority of age and priority of birth, and the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing ; and for default of such issue, to the use of other trustees to be named in the said settlement, their executors, administrators, and assigns, for the term of 600 years : Upon the trusts, and for the intents and purposes in the said will mentioned, with remainder to the use of the first, second, third, fourth, fifth, and all and every other the daughter and daughters of the body of her the said testator's said daughter, the Appellant, Maria Sarah Langston, lawfully to be begotten, severally, successively, and in remainder, one after another, as they and every of them should be in seniority of age and priority of birth, and the several and respective heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, the elder of such daughters and the heirs of her body to be always preferred, and to take before the younger of such daughter and daughters, and the heirs of her and their body and bodies issuing; and for default of such issue, to the use of his the said testator's daughter, Elizabeth Catherine Langston (then Elizabeth Catherine Barter, one of the above-named Appellants), and her assigns, for and during the term of her natural life without impeachment of waste, and from and after the determination of that estate by forfeiture or otherwise in her lifetime : To the use of the same 909 VIII BLIGH U.S. LANGSTON V. LANGSTON [1834] trustees, to be in the said settlement named, for [172] preserving contingent remainders and their heirs, during the life of her, the Appellant, Elizabeth Catherine Barter. In trust, by the usual ways and means, to preserve the contingent uses and estates to be therein-after limited with remainder to the use of the first, second, third, fourth, fifth, and all and every other the son and sons of the body of her, the said Appellant, Elizabeth Catherine Barter lawfully to be begotten, severally, successively, and in remainder, one after another, as they and every of them should be in seniority of age and priority of birth, and the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing, the elder of such sons, and the heirs male of his body, to be always preferred, and to take before the younger of such son and sons, and the heirs male of his and their body and bodies...
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