Owen against Smyth
| Jurisdiction | England & Wales |
| Judgment Date | 05 February 1796 |
| Date | 05 February 1796 |
| Court | Court of Common Pleas |
English Reports Citation: 126 E.R. 723
IN THE COURTS OF COMMON PLEAS AND EXCHEQUER CHAMBER
Considered, Lucas v. Brandreth, 1860, 28 Beav. 280.
owen against smyth. Friday, Feb. 5th, 1796. [Considered, Lucas v. Brandreth, 1860, 28 Beav. 280.] A limitation in a deed, to the use of A. for life, with remainder to the first son of the body of A. lawfully issuing, and for default of such issue, to the second, third, and other sons of A. and of the several heirs male of the body and bodies of all and every such son and sons respectively issuing, gives an estate in tail male to the first son of A. (a). This case, which was sent by the Lord Chancellor for the opinion of this Court, stated, that in the year 1769, George Smyth the elder had four children, viz. George Smyth his eldest son then married, Nicholas his second son then married, John his third son then unmarried, and Sally his only daughter then the wife of Samuel Sandys. That by indenture of feoffment of the 18th of July 1769, certain lands were conveyed by George Smyth the father and George Smyth the son to feoffees, to hold to them and their heirs upon such trusts as the said George Smyth the father and George Smyth the son should appoint, and in default of such appointment as to part of the premises, to the use of George Smyth the father for life, and as to the residue, to the use of the trustees for a term of 60 years, and after the death of George Smyth the father and subject to the term, as to all the lands to use of George Smyth the son for life, remainder to trustees to preserve contingent remainders, remainder to other trustees for a term of 500 years, and subject to that term to the use of the first son of tha body of the said George Smyth the son, on the body of any wife which he should thereafter marry, to be begotten, and of the heirs male of the body of such son lawfully issuing, and for default of such issue, to the use of the 2d, 3d, 4th, 5th, [595] 6th, 7th, 8th, 9fch, 10th, and all and every other the son and sons of the body of the same George Smyth, on the body of such wife to be begotten, and of the several heirs male of the body or bodies of all and every such son and sons respectively issuing, &o., and for default of such issue, to the use of trustees for a term of 600 years, and subject to, that term, to the use of Nicholas Smyth the second son of George Smyth the father for life, remainder to trustees to preserve contingent remainders, remainder to trustees for a term of 700 years, and subject thereto to the use and behoof of the first Son of the body of Nicholas Smyth lawfully issuing, and for default of such issue, to the use and behoof of the 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 10th, and of all and every other son and sons of Nicholas Smyth, lawfully issuing, whether born in his lifetime, or after his death, severally and successively in remainder one after another, as they and every of them shall happen to be in priority of birth, and seniority of age, and of the several heirs male of the body and bodies of all and every such son and sons respectively issuing, so that the elder of such sons and the heirs male of his and their bodies shall be always preferred, and take before the younger of the same sons, and the heirs...
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