Lady Langdale v Briggs
| Jurisdiction | England & Wales |
| Judgment Date | 26 June 1856 |
| Date | 26 June 1856 |
| Court | High Court of Chancery |
English Reports Citation: 44 E.R. 441
BEFORE THE LORDS JUSTICES.
S. C. 26 L. J. Ch. 27; 2 Jur. (N. S.), 982; 4 W. R. 703. See Castle v. Fox, 1871, L. R. 11 Eq. 552. Distinguished, Juttendromohun Tagore v. Ganendromohun Tagore, 1872, L. R. Ind. App. Supp. 48. See Kathama Natchiar v. Dorasinga Tever, 1875, L. R. 2 Ind. App. 185; Bothamley v. Sherson, 1875, L. R. 20 Eq. 313; Hampton v. Holman, 1877, 5 Ch. D. 187. Approved, as explained in the Tagore case, Ram Lal Mookerjee v. Secretary of State for India, 1881, L. R. 8 Ind. App. 47. See In re Dugdale, 1888, 38 Ch. D. 183; Leslie v. Earl of Rothes [1894], 2 Ch. 515.
[391] lady langdale . briggs. Before the Lords Justices. May 22, 23, 24, 26, 27, June 26, 1856. [S. C. 26 L. J. Ch. 27 ; 2 Jur. (N. S.), 982 ; 4 W. R. 703. See Castle v. Fox, 1871, L. R. 11 Eq. 552. Distinguished, Juttendromohun Tagore v. Ganemlromohun Tagore, 1872, L. R. Ind. App. Supp. 48. See Kathama Nalchiar v. Dorasinga Tever, 1875, L. R. 2 Ind. App. 185 ; Bothamleyv. Sherson, 1875, L. R. 20 Eq. 313 ; Hampton v. Holman, 1877, 5 Ch. D. 187. Approved, as explained in the Tagore case, Ham Lai Mookerjee v. Secretary of State for India, 1881, L. R. 8 Ind. App. 47. See In re Dugdale, 1888, 38 Ch. D. 183 ; Leslie v. Earl of Bathes [1894], 2 Ch. 515.] A testator was, under a deed of re-settlement of his family estates, entitled to a reversion in fee, subject to an estate for life in his only son, who was a bachelor, and to remainders in tail to the first and other sons of that son. The testator soon afterwards devised all his real estates to his eldest daughter for her life, with remainder to her first and other sons in tail, with remainders to his other daughters for life and to their sons in like manner. The will contained a name and arms clause determining the estate of any person who should become " entitled to the possession or to the receipt of the rents and profits " of the estates, and not assume the family name and arms within a year after becoming so entitled. In several other parts of the will provisions were made respecting persons who, by virtue of the will, should be in the "actual possession" of the property or "entitled to the rents and profits thereof." The son died without issue two years after the testator, and the first tenant for life under the will assumed the name and arms of H. within a year after her brother's death. Held, that there was no forfeiture, either as to the family estates, or as to property to which the testator had become entitled in fee-simple in possession after the date of the will. The Court will not make declarations of future rights in events which have not happened, and, therefore, where a testator having by his will given copyholds and leaseholds to trustees upon trusts to correspond with the uses of the devised freeholds, and by a codicil limited the freeholds differently after the death of the first tenant for life, but was silent as to copyholds or leaseholds : Held, by Lord Justice Turner, that during the continuance of the life-estate the Court would not determine how far the ulterior limitations of the copyholds and leaseholds were affected by the codicil. Where a testator after the date of his will became entitled to the personal estate of a deceased sister, as one of her next of kin : Held, that under the Wills Act, leaseholds forming part of the sister's general estate passed under a specific bequest of the testator's leasehold property. A testator had, after mortgaging an estate, settled it subject to the mortgage upon trusts for himself for life, with remainders over, leaving in himself the ultimate reversion in fee, which he devised by his will (before the passing of the 17 & 18 Viet. c. 113). Held, that his general personal estate ought to be exonerated from the mortgage debt. These were appeals from decisions of Vice-Chancellor Stuart upon the construction of the will and codicils of Edward Earl of Oxford. At the time of making his will and of his death, the testator had no freehold, copyhold or leasehold property except such estate as he had under a settlement dated the 20th of March, 1832, and made between the testator of the first part, Alfred Lord Harley, his only son, of the second part, John Moore of the third part, and Thomas [392] Briggs of the fourth part, after reciting among other things that it had been agreed between the testator and Alfred Lord Harley that both the family estates and certain estates then vested in Moore should, subject to the mortgages to be made under the authorities of a deed of the 28th of August 1830, and to such 442 LADY LANGDALE V. BRIGGS 8 DE O. M. & 0.393. then present and subsisting mortgages as should not be paid off, be conveyed to trustees upon the trusts thereinafter declared, it was declared that Briggs and Moore respectively should, subject to the trusts and powers contained in certain deeds of the 28th of August 1830, and the 26th of March 1831, and the indenture now in statement, and to the mortgages and incumbrances created by virtue thereof, convey all the premises vested in them respectively to trustees in trust for the testator for his life, with remainder in trust for Alfred Lord Harley for life, with remainder in trust for the first and other sons of Lord Harley successively in tail male, with remainder in trust for the sons of the testator by any future wife in tail male, with remainder in trust for the testator in fee; and some copyhold and leasehold estates were at the same time settled upon trusts corresponding with those of the freehold estates. The mortgagees referred to in this deed had been created by the testator himself. The testator, by his will, dated the 19th of March 1835, gave and devised all the freehold manors, messuages, lands, tenements and hereditaments of or to which he or any other person or persons in trust for him was or were seised or entitled in fee-simple, in possession, reversion or remainder, or which by virtue of any special power he was enabled to appoint or dispose of by his will (subject to the charges and incumbrances and prior estates and interests to which the same or any of them [393] may be subject at the time of his decease) to the uses, upon and for the trusts, intents and purposes and with, under and subject to the powers, provisoes and declarations thereinafter expressed and contained of and concerning the same (that was to say) to the use of Thomas Briggs and Thomas Carter Briggs, their executors, administrators and assigns for 500 years from the time of the testator's decease, without impeachment of waste, upon the trusts thereinafter declared, and from and immediately after the expiration or other sooner determination of the same term and in the meantime subject thereto and to the trusts thereof, to the use of the testator's eldest daughter Lady Jane Elizabeth Harley and her assigns during her life, with remainder to trustees to preserve contingent remainders, with remainder to the use of the first and every other son of Lady Jane Elizabeth Harley successively in tail male, with remainder to the use of the testator's youngest daughter Lady Frances Harley and her assigns during her life, with remainder to the use of trustees to preserve contingent remainders, with remainder to the use of the first and every other son of Lady Frances Harley successively in tail male, to the use of Thomas Briggs and Thomas Carter Briggs their heirs and assigns during the life of the testator's second daughter Lady Charlotte Mary Bacon the wife of General Anthony Bacon upon trust to preserve contingent remainders, and upon trust during the joint lives of General and Lady Charlotte Mary Bacon to pay the rents and profits to the separate use of Lady Charlotte Mary Bacon without power of anticipation, and if her husband died in her lifetime, then in trust for Lady Charlotte Mary Bacon and her assigns during the then remainder of her life, and immediately after her decease, whether she survived her husband or not, the said hereditaments were to remain and be to the use of the first and every other son of Lady Charlotte [394] Mary Bacon severally in tail male, with remainder to the use of the testator's third daughter Lady Anne Harley and her assigns for her life, with remainder to trustees to preserve the contingent remainders, with remainder to the use of the first and every other son of Lady Anne Harley successively in tail male, and in default of such issue to the use of the testator's own right heirs for ever. And the will contained the following name and arms clause : " Provided always, and I do hereby declare, that every person who, by virute of the limitations hereinbefore contained or of this proviso, shall become entitled to the possession or to the receipt of the rents and profits of the manors, hereditaments and premises hereinbefore devised, and who shall then not use the surname of Harley, and bear the arms of Harley, shall and do within the space of one year next after she or he shall so become entitled as aforesaid, and also every person whom any female so becoming entitled as aforesaid hath married or shall marry, shall and do if such female shall be married at the time of her becoming so entitled as aforesaid within the space of one year next after she shall become entitled as aforesaid, but if such female shall not.be married at the time of becoming so entitled as aforesaid, but shall afterwards marry, then within the space of one year next after the solemnization of such marriage, take upon herself and 8 DE 0. M. ts Q. 98. LADY LANGDALE V. BRIGGS 443 himself and use in all deeds and writings whereto or wherein she or he shall or may be party, and upon all other occasions, the name of Harley and no other surname, and also shall and do bear the arms of Harley and no other arms, and shall and do within the said space of one year apply for and endeavour to obtain an Act of Parliament or proper licence from the Crown, or take...
To continue reading
Request your trial
-
Re Neeld, decd
...it over or to defeat it, a fair construction ought to be given to the words which he uses for that purpose". 25 In the later case of Lady Langdalo v. Briggs, 8 de Gex, Macnaghton & Gordon, p. 391. before the Lords Justices, which was concerned with a name and arms clause, Lord Justice Turne......
-
Re Will in Loke Soh Lui (deceased)
...simply subjects after-purchased and after-acquired estates to the dispositions previously made ( Langdale v Briggs [1856] 8 De GM & G 391; 44 ER 441). If the testator in his 1945 will bequeathed all his houses along Clementi Road in Singapore to his son James, then any additional houses alo......
-
Re Will in Loke Soh Lui (deceased)
...simply subjects after-purchased and after-acquired estates to the dispositions previously made ( Langdale v Briggs [1856] 8 De GM & G 391; 44 ER 441). If the testator in his 1945 will bequeathed all his houses along Clementi Road in Singapore to his son James, then any additional houses alo......
- Australian Competition and Consumer Commission v MSY Technology Pty Ltd
-
Judicial attitudes to judicial review: a comparative examination of justifications offered for restricting the scope of judicial review in Australia, Canada and England.
...v Criminal Justice Commission (1992) 175 CLR 564, 582 (Mason CJ, Dawson, Toohey and Gaudron JJ). (183) (1856) 8 De G M & G 391, 427; 44 ER 441, (184) See, eg, Dyson v A-G (UK) [1911] I KB 410, 417 (Cozens-Hardy MR), 423 (Farwell LJ). (185) Ibid 423 (Farwell LJ). (186) Woolf, Jowell and ......