Philpotts en dem. Philpotts v James and Others
| Jurisdiction | England & Wales |
| Judgment Date | 22 June 1784 |
| Date | 22 June 1784 |
| Court | Court of the King's Bench |
English Reports Citation: 99 E.R. 730
IN THE COURT OF KING'S BENCH
Distinguished, In re Sheppard [1897], 2 Ch. 67; In re Inman [1903], 1 Ch. 241.
[428] philpotts en dem. philpotts v. james and others. Tuesday, 22d June, 1784. Lease pur autre vie, to T. P. and his heirs, of a rectory, tithes, and premises. T. P. died, living cestui que vie, and by his will devised the premises to M. H. J., his heir-at-law (without saying " his heirs") with a direction to renew the lease. M. H. J. died, devising the premises by a will, attested by two witnesses. Held that the heir-at-law of M. H. J. was entitled to the estate pur autre vie. [Distinguished, In re Sheppard [1897], 2 Ch. 67 ; In re Inman [1903], 1 Ch. 241.] This ejectment was tried at the last Hereford Assizes, and a case reserved which stated that, by indenture of 30th October, 1746, between T. Payne, Archdeacon of Brecon, and landlord of the rectory of Llandew, and Thomas James, eldest son and heir of Meredith James, reciting a former lease from T. Payne to Meredith James, the said Thomas Payne, in consideration of the surrender of the said lease and of 30, did demise, grant, and to farm let, unto the said Thomas James all that the aforesaid rectory of Llandew, and all and singular the tithes and premises aforesaid with the appurtenants, in as large and ample a manner as any former tenant formerly held and enjoyed the said premises. To hold to the said Thomas James, his heirs and assigns, from the making thereof, for and during the natural lives of the said Thomas James, W. Morgan, and Charles Evans, at a rent of 10. The premises demised by the said lease, and in question in this cause, consist of the churchyard of Llandew, about twelve acres of glebe, and all the great and small tithes of the said rectory. W. Morgan, one of the lives mentioned in the lease, is still living. Thomas James died in 1769, having made his will, duly executed, whereby, after devising the bulk of his estate to his nephew, Meredith Herbert James, who was his heir-at-law in strict settlement, and a part of it to him in fee, he devised as follows : " Also I give to my said nephew, Meredith, all and singular my freehold lease of the rectory and tithes of Llandew, granted to me by T. Payne, late Archdeacon of Brecon, for the term of three lives, who are all now living, whereof my own life is one; and it is my will and desire, and I do hereby recommend it to ray said nephew, Meredith...
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