Mostyn and Others v Champneys and Others
| Jurisdiction | England & Wales |
| Judgment Date | 20 November 1834 |
| Date | 20 November 1834 |
| Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 1148
IN THE COURT OF COMMON PLEAS
S. C 1 Scott, 293; 4 L. J. C. P. 55. Referred to, Tennent v. Tennent, 1844, 1 Jo. & Lat. 389; Mortimer v. Hartley, 1851, 6 Ex. 62; Jacob v. Jacob, 1898-90, 78 L. T. 456, 825; 82 L. T. 270.
[341] MOSTYN AND OTHERS V. CHAMPNEYS AND OTHERS. Nov. 20, 1834. [S. C. 1 Scott, 293; 4 L. J. C. P. 55. Referred to, Tennent v. Tennent, 1844, 1 Jo. & Lat. 389; Mortimer v. Hartley, 1851, 6 Ex. 62; Jacob v. Jacob, 1898-90, 78 L. T. 456, 825; 82 L. T. 270.] Testator being seised in tail of lands at C., with remainder to his son in tail, and reversion to himself in fee, and being seised in fee of other lands at D., devised "all his real estates whatsoever, over which he had any disposing power," to K. and bis heirs, in trust for testator's son for life, with several remainders over in tail, subject to terms for the payment of debts, annuities, and marriage portions: Held, that by this devise testator's reversionary interest in the lands at C. passed to the devisee, By order of the Lord Chancellor, the following case was submitted for the opinion of this Court:- Sir Thomas Mostyn Bart, was, at the time of making his will, and of his death, seised in fee simple of, and absolutely entitled in possession to, divers manors and lands in the county of Chester, and in the county of the city of Chester; and also of large estates in the counties of Flint, Denbigh, Carnarvon, and Anglesea: and being so seised and entitled, by his last will and testament in writing, duly executed and attested, in May 1752, gave and devised the estates in Wales to his son Roger in tail male; remainder to his son Thomas in tail male; remainder to all and every other the son and sons of testator's body in tail male, severally and successively one after another, according to the seniority of age of each of them; remainder to testator's brothers John, Savage, and Eoger, severally and successively in tail male; remainder to testator's own right heirs. And the testator thereby gave and devised his several 1 BING. (N. C.) 342. MOSTYN V. CHAMPNEYS 1149 manors, lands, tenements, and hereditaments in the county of Chester, and in the county of the city of Chester, unto the person or persons who should be entitled to the inheritance of his lands in Wales after his decease, by virtue of the limitations thereof aforesaid in his said will contained. Sir Thomas Mostyn died in the year 1758, without having revoked or altered his will; and upon his death, the premises in the county of Chester and in the county of the city of Chester, did under and by virtue of his will, become vested-in Roger Mostyn (who then became Sir Eoger Mostyn, Bart.), the eldest son and heir-at-law [342] of the testator, as tenant in tail male thereof, with such remainders over as in the same will mentioned, with the ultimate reversion in fee in him the said Sir Eoger Mostyn as heir-at-law of Sir Thomas Mostyn. Sir Roger, besides the estates in the county of Chester and in the county of the city of Chester, of which he was tenant in tail made as aforesaid, was seised of and well entitled in possession to divers other estates and hereditaments in the counties of Denbigh, Flint, and Carnarvon, part whereof were settled by him in or about the year 1766, on the occasion of his marriage; but he never suffered any recovery, or made any other assurance for barring the estate in tail male, or the remainders over, in the estates in the county of Chester and county of the city of Chester, but continued, in possession or in receipt of the rents and profits thereof, as tenant in tail male, up to the time of his decease in 1796. He also in his life time, and after his marriage in the year 1766, purchased divers other real estates in the county of Flint, and continued to be, at the time of making his will, and at his death, seised in fee simple of or otherwise well entitled to the real estates so purchased by him. Sir Roger, by his last will and testament in writing, duly executed and attested, in April 1793, gave and devised as follows :-To each of his unmarried daughters who should attain twenty-one, from that age until marriage, " such an annuity, as with the interest of their share of 20,0001., provided for their portions by his marriage settlement, would, at 4 per cent., furnish them severally with 5001. a year." Upon their respective marriages, he directed " their annuities to cease, and in lieu thereof, that each daughter marrying shall be entitled to such sum as, with her share of the said 20,0001., would make up 10,0001.''' Then he devised "all his real estates, whatsoever and wheresoever, over which he had any disposing power," unto [343] Hugh Scott, his heirs, &c., to the uses and upon the trusts, &c. therein-after expressed concerning the same; that is to say, To the use of the Duke...
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