Meyrick and Others against Whishaw and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1819 |
| Date | 01 January 1819 |
| Court | Court of the King's Bench |
English Reports Citation: 106 E.R. 561
IN THE COURT OF KING'S BENCH.
meyrick and others against whishaw and others. 1819. A. by marriage settlement, conveyed certain estates to trustees with remainder to his children of the marriage, share and share alike, as tenants in common; and for default of such issue and if any of such children, there being more than one, shall happen to die without issue before twenty-one, that in every such case, the share of such child, should go to the survivors, as tenants in common; and in case all such children should die without issue, then to the use of the settlor in fee. Held, that there were no cross-remainders between the children of the marriage, except in the case of a child having died without issue, and under twenty-one. And that one of the children having died without issue, but after twenty-one, that his share vested in the settlor, and not in the survivor. Francis Whishaw being seized in fee of certain estates by his marriage-settlement conveyed them to trustees to the use of himself for life, remainder to trustees to preserve contingent remainders ; remainder for securing certain payments to his wife, and subject thereto, [811] to the use of all and every of the children of the said Whishaw on the body of his intended wife to be begotten, sons as well as daughters, and the heirs of their several respective body and bodies to be begotten equally, share and share alike, as tenants in common, and not as joint tenants, with remainder over, in the words following, "And for default of such issue, and if any of such children, there being more than one, shall happen to die without issue of his or their bodies or body, before he, she, or they shall attain the full age of twenty-one years, that then and in every such case, the part and share, parts and shares of every such child and children so dying, shall go arid remain, and be to the survivors and survivor of such children, and the heirs of the bodies and body of such survivors and survivor as tenants in common, and not as joint tenants, and in case all such children should die without issue of his, her, or their body or bodies, then to the use of the said Francis Whishaw his heirs and assigns for ever." The marriage took effect, and the issue were two children, Luke and Mary Anne. Luke after attaining twenty-one years, died without issue, and in the life-time of his father. Mary Anne, who survived Luke, intermarried with William Meyrick, and also died in the life-time of her father, leaving the plaintiffs her only...
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