Perrin v Blake

JurisdictionEngland & Wales
Judgment Date01 January 1779
Date01 January 1779
CourtCourt of the King's Bench

English Reports Citation: 96 E.R. 392

COURTS OF WESTMINSTER-HALL

Perrin
and
Blake

Referred to, Mandeville v. Carrick, 1795, 3 Ridg. P. C. 369; Doe d. Small v. Allen, 1800, 8 T. R. 504; Poole v. Poole, 1804, 3 Bos. & P. 628. Discussed, Montgomery v. Montgomery, 1845, 3 Jo. & Lat. 51. Not applied, Phillips v. Phillips, 1847, 10 Ir. Eq. R. 519. Considered, In re Johnson's Trusts, 1866, L. R. 2 Eq. 720. Referred to, edder v. Hunt, 1887, 18 Q. B. D. 572; Evans v. Evans 1892, 2 Ch. 188; Van Grutten v. Foxwell 1897, A. C. 674.

[672] perein v. blake. Held in K. B. that a devise to J. W. for life, remainder to trustees during the life of J. W., remainder to the heirs of the body of J. W., is an estate for life, there being words of restriction that J. W. shall not sell for any longer than his own life, and the estate being devised to that intent. [But that judgment afterwards reversed in Cam. Scacc., where it was held to be an estate tail: and the latter opinion has been confirmed by all subsequent authorities.] [Referred to, Mandeville v. Carrick, 1795, 3 Eidg. P. C. 369; Doe d. Small v. Allen, 1800, 8 T. E. 504 ; Poole v. Poole, 1804, 3 Bos. & P. 628. Discussed, Montgomery v. Montgomery, 1845, 3 Jo. & Lat. 51. Not applied, Phillips v. Phillips, 1847, 10 Ir. Eq. E. 519. Considered, In re Johnson's Trusts, 1866, L. E. 2 Eq. 720. Eeferred to, Pedder v. Hunt, 1887, 18 Q. B. D. 572; Evans v. Evans [1892], 2 Ch. 188; Van Grutten v. Foxwell [1897], A. C. 674.] S. C. 4 Burr. 2579. Action of trespass : special verdict (h). William Williams, by his last will, after giving portions to his three daughters, disposes of his " temporal estate in mariner following : It is my intent and meaning, that none of my children should sell or dispose of my estate for longer term than his life: and, to that intent, I give, devise, and bequeath, all the rest and residue of my estate to my son John Williams, and any son my wife may be ensient of at my death, for and during the term of their natural lives; the remainder to my brother-in-law Isaac Gale and his heirs, for and during the natural lives of my said sons, John Williams and the said infant; the remainder to the heirs of the bodies of my said sons, John Williams and the said infant, lawfully begotten or to be begotten; the remainder 1 BLACK. W. 673. EASTER TERM, 9 GEO. HI. K. B. 393 to my daughters for and during the term of their natural lives, equally to be divided between them ; the remainder to my said brother-in-law Isaac...

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