Lord Beaulieu and Wife against Lord Cardigan and Wife
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1766 |
| Date | 01 January 1766 |
| Court | High Court of Chancery |
English Reports Citation: 27 E.R. 343
HIGH COURT OF CHANCERY
Lib. Reg. 1765, A. fo. 460. S. C. 3 Bro P. C. ed. Toml. 277.
Case 261.-Lord beaulieu and Wife against Lord cardigan and Wife. [1766.] A. devises an Exchequer annuity in trust to B. for so many years as he shall live, and after his death, in trust for such person as at A.'s death should be heir male, of his body, for the residue of the term : and in case there should be no such heir male, then in trust for such person as shall be heir male of the body of C.; and in case there should be no such person, then over. B. dying without issue male, held, the annuity vested in the son of C., on whose death C. the father became entitled to it absolutely. Father seised in fee of some estates, and others for life, with remainder to his son in tail, devises all to his son for life, remainder over, in strict settlement; on condition that if he neglect or refuse to suffer a recovery of the estate of which he is tenant in tail, within threb months after he should attain 22, and settle it to the devised uses, then the other estates to go over to the next in remainder. The son entered, and did many acts shewing an election to take under the will, but did not settle the estate as required. Held, that the estate should go as if had been actually so settled. But this was reversed in the House of Lords, for not having settled the estate pursuant to the condition, the devise was void, and the entailed estate would go in its 344 beaulieu (lord) v. cardigan (lord) amb. 534. own course, unaffected by the will. What acts may be evidence of an intention to elect-[Lib. Beg. 1765, A. fo. 460. S. G. 3 Bro. P. G. ed. Tonal. 277.] Began 25th April, and ended 7th May, 1766. On the marriage of John Duke of Montague, in 1704, his father, Duke Ralph, settled several estates upon him, and the issue of the marriage. Duke Ralph being seised of several other estates, of about 1000 a-year, and also of a personal estate, and being entitled, under an old settlement, to an estate in Warwickshire, of about 2300 a-year, with remainder to his son Duke John in tail, and Duke John having issue a son, Lord Montagw, and one daughter, the plaintiff Lady Beaulieu. his only children then living; Duke Ralph made his will 21st August 1707, and devised all his castles, lordships, honours, manors, messuages, lands, tenements, and hereditaments whatsoever, in the counties of Middlesex, Northampton, Huntingdon, Lancaster, York, Surrey, Warwick, and Stafford, or elsewhere in England, in possession, reversion, or remainder, to Duke John for life, subject to the condition therein-after mentioned, with remainder to Lord Montague for life, with remainder to the first and other sons of Lord Montague in tail male, with remainder to the second and other sons of Duke John in tail male, with remainder to the daughters of Duke John in tail, as tenants in common, with cross remainders, with remainder to the heirs at law of Duke Ralph. He then gave the residue of his personal estate to Lord Halifax, Lord 'Somers, Edmund Dummer, and Thomas Dummer, in trust for the sole use of his son Duke John, in case he should live to 22 ; and appointed them executors till his son [534] should attain 22 ; and after his attaining that age, he made his son Duke John sole executor, but in case his son should die before 22. then his executors were to remain executors in trust, to lay out his personal estate in land, and settle the same to the uses he had devised his real estates. He then devises an exchequer annuity of 1000 a-year, which was granted for a term of years, to his grandson Lord Montague, for so many years as he should live, and after his death, in trust for such person as, at the time of Lord Montague's death, should be heir male of...
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