Mary Jane Roper, Dowager Lady Dacre, against Doe, Lessee of Gertrude, Baroness Dacre
| Jurisdiction | England & Wales |
| Judgment Date | 29 January 1799 |
| Date | 29 January 1799 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 1295
IN THE COURT OF KING'S BENCH.
6 East, 340. 4 M. & S. 88.
[112] mary jane roper, dowager lady dacre, against doe, Lessee of Gertrude, Baroness Dacre. In Error. Tuesday, Jan. 29th, 1799. Devise "to and amongst the devisor's seven sisters (he having eight) for life, share and share alike, and after the decease of any of them, her share to go to her first and other .sons in tail, -and in default of such sons, to and amongst her daughters, as tenants in common in tail; and in case any of his said seven sisters died without leaving any issue of her body begotten, or such issue died before twenty-one, and without issue, then to and amongst the survivors of his said seven sisters and their issue, to descend in like manner as before mentioned; and in case all his said seven sisters should die without issue, or such issue should all die before twenty-one, and without issue," then over: Held that the words in default of such sons did not make the remainder to the daughters depend on the contingency of there being no son born; but that on the death of the sons of any of the sisters without issue, the remainder to the daughters of such sister took effect. [6 East, 340. 4 M. & S. 88.] The Court of Common Pleas having given judgment (a) in this ejectment, upon a special verdict for the original plaintiff, a writ of error was brought in this Court. The ejectment was for certain manors, messuages, and lands, in the county of Middlesex; and a special verdict was found in substance as follows: John Trevor, being seised in fee of the premises in question, by will duly executed, dated the 5th of April 1743, devised his capital mansion-house of Glynde, in Sussex, and the demesne lands thereto belonging, and all his estates in Sussex, to his kinsman Dr. R. Trevor, in fee; to whom he also gave his leasehold property in the same county, and certain of his personalty in the house of Glynde; he then gave to his sister, Mrs. Rice, an annuity of 3001. for her life, payable out of his estates in Middlesex, Denbigh, and Flint. He also charged the same estates with another annuity of 501. during the life of E. Forster. He also gave 10001. a-piece to his nephew George, and his niece Lucy, the children of his sister Mrs. Rice, charged on the same estates, in default of his personal estate. He then devised as follows r " Item, I give, devise, and bequeath all my manors, lands, &c. in Middlesex, Denbigh, and Flint, or elsewhere, not before disposed of, subject to the charges before mentioned, unto and amongst my sisters Grace Trevor, Mary Trevor, Ann, the wife of G. Boscawen, Margaret, Ruth, Gertrude, and Arabella Trevor, during their natural lives respectively, share and share alike; and from and after the decease of any of them, then the part or share of her or them so dying to go to the first and other sons of such of them so dying, and the heirs of his and their bodies successively in tail; and in default of such sons, then to and amongst the daughters of my said sisters so dying, as tenants in common, and not as joint-tenants, and to the heirs of their respective bodies issuing: but in case any of my said seven sisters last mentioned shall die without leaving any issue of her body begotten, or that such issue shall die before he or she shall attain his or her age of twenty-one years, [113] and without issue, then I give her share to and amongst the survivors or survivor of my said seven sisters and their issue, to go and descend in like manner as before is mentioned as to the shares, parts, or proportions before given to them respectively." He then bequeathed the overplus of his personal estate, subject to his debts and legacies, to his said seven sisters, and appointed his two sisters Ann and Margaret executrixes. The will then proceeds thus: "In case all my said seven sisters shall happen to die without issue, or leaving issue, such issue shall all die before he, she, or they shall attain the age of twenty-one years and without issue, then my said estate in Middlesex and Wales, subject as aforesaid, shall go to and be enjoyed by such person or persons who shall then be entitled to my said estate in Sussex hereinbefore devised, according to this my will; and in such ease I do hereby devise the same to such person or persons accordingly."--The devisor died on the 9th September 1743, (a) See Bos. & Pul. 250. 1296 LADY DACRE V, 3)OE .8T.B.114. leaving Lucy Bice and his seven other sisters his co-heiresses, him surviving. On his death those seven'sisters, his devisees, entered and were seised as tenants in common. One of them, viz. Gertrude, on the 27th of July 1744, married the Hon. Charles Roper, by whom she had issue Trevor Charles Eoper (afterwards Lord Dacre) and H. Eoper who died, and Gertrude now Baroness Dacre (the lessor of the defendant in error). On the 4th of February 1754, Charles Eoper died, leaving his widow Gertrude sole seised of her undivided seventh part of the premisses in question. In-1764, Ruth...
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Eleanor Wilson, Widow, against Sir William Eden, Baronet, and Others
...(a) November 16th and 21st. Before Coleridge, Wightman, and Erie Js. (6) 1 B. & P. 250. Judgment affirmed in Q. B. ; Lady Dacre v. Doe, 8 T. R. 112. 14 Q. B. 269. WILSON V.EDEN 107 have no isaue male of her body [269] living at her death, or uo such issue male as shall be entitled," &c. But......