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Langston v Pole and Others

Nominate Series English Reports Cited authorities 1 Cited in 6 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date24 November 1828
Date24 November 1828
CourtCourt of Common Pleas

English Reports Citation: 130 E.R. 1048

IN THE COURT OF COMMON PLEAS, AND OTHER COURTS

Langston
and
Pole and Others

See S. C. in Chancery; Tamlyn, 119; 48 (with note): and in House of Lords, 8 Bligh (N. S.), 167; 5 E. R. 908; 2 Cl. & F. 194; 6 E. R. 1128.

langston v. pole and others, Nov. 24, 1828. [Sae S. C. in Chancery ; Tamlyn, 119 ; 48 E. E. 48 (with note): and in House of Lords, 8 Bligh (N. S.), 167 ; 5 E. It. 908; 2 01. & F. 194; 6 E. R. 1128.] Devise to J. H. L. (devisor's eldest son) for life ; remainder to trustees to preserve, &c. ; remainder to J. H. L.'s second, third, fourth, fifth, and all and every other the son and sons of the body of J. H. L. severally and successively in seniority of age in tail male; remainder to devisor's second and other sons successively in tail male; remainder to first and other daughters of the body of J. H. L. successively in tail general; remainder to devisor's eldest daughter, M. S. L., for life ; remainder to trustees to preserve, &c.; remainder to her first and other sons successively in tail male; remainder to her first and other daughters successively in tail general; like remainders for life (with remainder to trustees to preserve, &c.) to devisor's other daughters successively, with like remainders in tail to their respective children; remainder to devisor's sister in fee; various terms to trustees to raise money; and a power to the party in possession of the premises devised, to charge them for the portions and maintenance of younger children, male and female, accompanied with a provision, that in case of any younger child's obtaining a portion, and afterwards becoming entitled to the premises devised, the portion of such younger child should go over to the other younger children : Held, that the eldest son of J. H. L. took an estate tail in the premises expectant on the death of J. H. L. The following case was sent from the Court of Chancery for the opinion of this Court:- John Langston, Esq. was at the time of making his will hereinafter mentioned, and at the time of his death, seised in fee-simple of divers manors, messuages, lands, tenements, and hereditaments situated in the counties of Oxford and Middlesex; and duly made and published his last will and testament in writing, bearing date the 28th day of July 1801, which was executed and attested in manner by law required to pass freehold estates bjr [229] devise, and he thereby gave and devised all his manors, messuages, farms, tends, tenements, and hereditaments situated and being in the several counties of Oxford and Middlesex or elsewhere in England (except his shares in the New KLver Company), unto John Pollexfen Bastard, Esq., John William Hope, Esq., and Charles Morice Pole, Esq. (now Sir Charles Morice Pole, Bart.), their heirs and assigns, to the uses after mentioned; (that is ta say,) to the use of the said 5BINO. 280. LANGSTON V. POLE 1049 testator's sots, the said Plaintiff, James Houghton 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 uae of certain trustees therein named, and their heirs during the life of the said Plaintiff, in trust, by the usual ways and means to preserve the contingent uses and estates thereinafter 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 the said Plaintiff lawfully to be begotten, severally, successively, and in remainder one after another as they and every of them should be in seniority of age or 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 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 certain other trustees therein named, their executors, administrators, and assigns, for the term of 500 years upon the trusts and for the interests and purposes thereinafter 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 the said Plaintiff lawfully to be begotten, severally, successively, and in remainder one after an-[230]-other 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 heira of her and their body and bodies issuing;-and for default of such issue, to the use of other trustees therein named, their executors, administrators, and assigns for and during the term of ninety-nine years, upon the trusts and for the intents and purposes thereinafter mentioned ;-with remainder to the use of the said testator's eldest daughter 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 trustees thereinafter 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 thereinafter limited ;-with remainder to the use of the first, second, third, fourth, fifth, and all atid every other the 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...

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