Nash v Ash
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1862 |
| Date | 31 January 1862 |
| Court | Exchequer |
English Reports Citation: 158 E.R. 842
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 32 L. J. Ex. 165; 8 Jur. (N. S) 998.
[160] nash v. AsH.(a) Jan. 31, 18G2. In 1802, by indenture, reciting an intended maTriage between L. and M., and that after the death of certain relations L. was entitled under the will of his uncle to five messuages- in cousideiation of the intended marriage, and of 5s. paid, L. granted, bargained, sold, assigned, and set over unto R. and J the reversion, or such other estate as he was entitled to under the will of his uncle, " upon the trusts and to and for the uses " thereinafter declared, i e. upon trust to " permit and suffer M." and her assigns, during her life, to receive the issues and profits for her sole use, her receipts alone to be sufficient discharges for the same, and after her death in trust for L , and after the decease of the survivor, in trust for such one or moie of the children of L and M as they should by deed jointly appoint. In 1829, L and M , by deed, executed the power, and granted, bargained, sold, and leleased the reversion in the messuages to such uses as P., their son, should by deed appoint In 1^39, P, by deed, conveyed the reversion to N. M received the tents during her life, and L. after her death. No rent was received by P. or N In ejectment by N. : Held . First, that the deed of 1802 was admissible in evidence against the defendant, although neither P. nor the plaintiff had been in receipt of the rent*. -Secondly, that the trusts of the deed of 1H02 were executed by the statute (with the exception, perhaps, of that for the wife), and therefore P. took a legal estate by the appointment under the deed of 1829-Thirdly, that the deed of 1802 was not a bargain and sale properly so called, but a conveyance to uses. (6) The judgment of the late Lord Campbell was read by Lord Brougham, (a) Decided in Hilary Term. 1H.*C161. NASB V. ASH 843 [S. C. 32 L. J. Ex. 165; 8 Jur. (N. S.) 998.] Ejectment to recover three messuages, situate at Stoke-upon-Trent, in the county of Stafford. At tfce trial, before Hill, J., at the Stafford Summer Assizes, 1861, the following facts appeared :-By indenture of the 5th May, 1802, between Philip Francis Lycett of the first part, Mary Jenks of the second part, and E-ichard Lane and John Lycett of the third part: after reciting that a marriage was intended between Philip Francis Lycett and Mary Jenks, &c., and that Philip Francis Lycett was entitled, after the decease of his aunt Sarah Lyeett, deceased, his uncle John Lycett, and his cousin Mary Lyoett, now Mary Walker, as the nephew and devisee named in the last will and testament of his uncle Philip Lyeettj deceased, to five messuages situate near Milford Gate, Stoke-upon-Trent It was witnessed that, in consideration of the intended marriage, &c, and of 5s. paid by Richard Lane and John Lycett to Philip Francis Lyeett, &c., Philip Francis Lycett doth grant, bargain, sell, assign and set over unto the said Eichard and John Lycett, their heirs, executors, administrators and assigns, all that the reversion or remainder, or [161] such other estate, right and interest to which he the said Francis Lycett is entitled under and by virtue of the will of the said Philip Lycett, deceased, of, in and to all those five messuages, &c., upon the trusts and for the uses, ends, intents and purposes hereinafter mentioned, expressed and declared, that is to say, in trust for Philip Francis Lycett, his heirs, &a, until the marriage, and then in trust to permit and suffer the said Mary, his inteaded wife, and her assigns, during her natural life, and notwithstanding her coverture, to receive and take the issues and profits thereof to and for her and their own sole and separate use, free from the debts, control, or engagements of Philip Francis Lyceti, and her i eceipts alone, notwithstanding Ler coverture, to be good and sufficient discharges fot the same : and after her decease, in trust for Philip Francis Lycett and his assigns for life, without impeachment of waste: and after the decease of the survivor, in trust for all and every, or such one or more of the child or children...
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