Locke v Southwood
| Jurisdiction | England & Wales |
| Judgment Date | 20 June 1831 |
| Date | 20 June 1831 |
| Court | High Court of Chancery |
English Reports Citation: 40 E.R. 433
HIGH COURT OF CHANCERY
S. C. (on appeal) sub. nom. Buck v. Locke., 3 Cl. & Fin. 721; 9 Bli. N. S. 1.
[411] locke v. southwood. June 16, 20, 1831. [S. C. (on appeal) sub. nom. Buck v. Locke., 3 Cl. & Fin. 721; 9 Bli. N. S. 1.] (NOTE.-It has been considered expedient to report this case here, in consequence of its connection with the case which follows.) E. M. seised to him and his heirs and assigns, according to the custom of the manor of Taunton Deane, of certain premises within the manor, in pursuance of articles made in contemplation of marriage, surrendered the premises to trustees upon trust, to permit the settlor, his heirs and assigns, to hold and enjoy the premises till the marriage, and after the solemnisation thereof, upon trust, for the settlor for life, and after his decease, upon trust for the intended wife for life, in bar of all dower and thirds; and after the death of the survivor of the husband and wife, upon trust to surrender the premises into the hands of the lord, to the use of the children of the marriage, their heirs and assigns, according to the custom, as tenants in common; such surrenders to be made at the costs and charges of the children who should be entitled to take the same by virtue thereof; and in default of issue of the marriage that should be living at the death of the survivor of the husband and wife, then upon this special trust and confidence, to surrender the premises into the hands of the lord of the manor for the time being, to the use and behoof of the right heirs of the settlor for ever, according to the custom of the manor; such surrender or surrenders last mentioned to be made at the costs and charges in all things of the person or persons who, by virtue of the last-mentioned condition or limitation, should be entitled to take the same. The only issue of the marriage was a daughter, who survived the settlor, but died in the lifetime of the widow, her mother. The widow continued in possession of the premises till her death. It lacing admitted that the widow was, according to the custom, the heir of the settlor at the time of his death, and that his youngest sister was such heir at the time of the widow's death, it was held that by virtue of the ultimate limitation in the articles, the youngest sister was entitled to call for a conveyance of the customary premises, from a party in whom the legal estate had become vested, and who also claimed the equitable interest through the widow and the daughter. By articles, bearing date the 24th of April 1769, and made between Robert Marke, of the first part, Grace Haddon, spinster, of the second part, and John Haddon and John Marke (brother of the said Robert Marke), as trustees, of the third part, reciting that-a marriage was soon to be solemnised between the said Robert Marke and Grace Haddon, and that the said Robert Marke was then lawfully seised to him and his heirs and auigns for ever, according to the custom of the manor of Taunton Deane, of certain messuages, lauds, and tenements, premises therein particularly described, all which messuages, &c., were parcel of the customary lands of inheritance of Taunton 434 LOCKE V. SOUTH WOOD 1 MY. ft OR. 412. Deane [412] aforesaid, it was declared that in consideration of the said intended marriage, and of the marriage portion of the said Grace Haddon, and for settling and assuring the said messuages, &c., upon the trusts thereinafter declared, it was thereby mutually agreed by and between the parties thereto, and the said Robert Marke, for himself, his heirs, executors, and administrators, covenanted and agreed, that he, his. heirs or assigns, should and would, at his and their own proper charges, before the solemnisation of the said marriage, well and sufficiently convey and assure to the use of the said trustees, or their heirs and assigns for ever, according to the custom of the said manor, all the said messuages, &c., to be held and enjoyed by the said trustees, and the survivor of them, and the heirs and assigns of such survivor, upon the conditions and to and for the several uses, intents, and purposes, and subject to the several limitations, provisoes, and agreements following, that is to say, upon trust, ta permit and suffer the said Robert Marke, his heirs and assigns, to hold and enjoy the said messuages, &c., and to receive the rents, issues and profits thereof, until th& solemnisation of the said marriage, and from and after the solemnisation thereof, upon trust, to permit him and his assigns to hold and enjoy the said several messuages, &c., and to receive the rents...
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John Bush, and Ann his Wife, and Robert Mattock, - Appellants; Susannah Locke, - Respondent
... ... English Reports Citation: 5 E.R. 1196 COURT OF CHANCERY ... John Bush, and Ann his Wife, and Robert Mattock ... -Appellants ... Susannah Locke ... -Respondent ... Mews' Dig. iv. 380; xii. 970. S.C. 3 Cl. & F. 721, affirming Locke v. Southwood, 1 My; & Cr. 411, See Moore v. Simkin, 1885, 31 Ch. D, 95. VOLUME IX, england, COURT OF CHANCERY. john BusHj and ann his Wife, and egbert mattock,-Appellants; susannah locke,-Respondent [1834]. [Mews' Dig. iv. 380; xii. 970. S,C. 3 Cl. & F. 721, affirming Locke v. Southwood, 1 My; & Cr. 411, ... ...