Mackwilliam's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 473
King's Bench Division
[332] 413. mich. 19 jacobi regis rotulo 363. Dy. 32. p. 8. In an ejectione firmse by William Godfry against Tho. Wade, the case as to one great point was thus. Mackwilliams the husband, makes a feoffment of the manor of Bathorne, to Osborne, to.the use of himself and his wife, and the heirs males of their two bodies, the remainder to the heirs males of the body of the husband, the remainder to the heirs of their two bodies, the remainder in fee unto the husband. They have issue a son and a daughter, the husband dieth ; the son maketh a lease by indenture to begin after the death of the mother, rendring a rent; and then by agreement levies a fine, with proclamations to the use of himself in fee, and dieth without issue: the mother, by assent of the daughter and her husband, suffers a 474 MACKWILLIAMS'S CASE HOBAET. 333. common recovery, in which the daughter and her husband came in as vouchees : the use of which recovery is to the use of the mother for life, the remainder to the daughter and her husband in tail, the remainder in fee to the daughter. The mother dieth. The question is, whether this lease of the son, under whom the plaintiff claims, be good against the daughter and her husband, under whom the defendant claims. And it was adjudged for the defendant, by the opinions (upon solemn argument) of Justice Jones, Justice Hutton, and my self: but Justice Winch was of opinion, that the fine of the son, though in the life of the mother (before whom he died without issue) should bind the daughter, and all claiming under her. Now first it is to be observed, that the estate tail to the husband and the wife, and the heirs males of their two bodies, after the death of the husband, was wholly iu the wife at the time of the fine levied, though the wife were within the statute of 11 H. 7. Then the remainder to the heirs males of the body of the father, was indeed in the son, at the time of his fine levied ; but both those estates tail were extinct when the soti and the mother were dead : so the lease could not stand by those estates; then next succeeded the remainder to the heirs of the bodies of the husband and wife, which after the death of the husband waa wholly vested in the wife, to which both the son and the daughter were inheritable, being brother and sister. Now the question is, whether the fine of the brother (being the first issue of this intail) levied in the life of his...
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