Ralph Hawtrey, - Appellant; Cassandra Daniel, Widow, and Others, - Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 09 May 1760 |
| Date | 09 May 1760 |
| Court | House of Lords |
English Reports Citation: 3 E.R. 14
House of Lords
In what cases, and under what circumstances, a person claiming title to tithes must have his right established at law, before he can come into a court of equity for an account and satisfaction.
See post, cases 12 and 19 of this title.
case 8.-ealph hawtrey,-Appellant; cassandka daniel, Widow, and Others,-Respondents [9th May 1760]. [In what cases, and under what circumstances, a person claiming title to tithes must have his right established at law, before he can come into a court of equity for an account and satisfaction.] [See post, cases 12 and 19 of this title.] King Charles II. being seised in right of his crown of the reversion and inheritance of the abbey of St. Catherine, near the city of Waterford in Ireland, and among other, things of the mansion place, glebe lands, and two parts of the tithes of Dungarvon, and of the whole rectories of Killbride and Killcollumbe, and two parts of the tithes of Fydown lying in the county of Kilkenny, expectant upon the determination of a term 14 HAWTREY V. DANIEL [1760] VII BEOWN. of 51 years, granted by King James I. to Sir Lawrence Esmond, bart. by his letters patent under the broad seal of Ireland, dated the 30th of January 1670, did, by way of lease, grant, set, and to farm let, unto Sir Ellis Leightoii, knt. the said abbey, rectories, tithes, and premises, to hold to the said Sir Ellis Leighton, his executors, administrators, and assigns, for 51 years, to commence in 1675, when the former lease to Sir Lawrence Esmond expired, under the yearly rent of l01 9s. 4d. payable at the times and in manner therein mentioned. Sir Ellis Leighton, by deed poll, dated the 15th of July 1673, declared, that the said lease so granted to him was in confidence and trust only, and to the uses therein after mentioned; that is to say, to the use of himself for 21 years from the entering into possession of the said premises, under the rent of 100 per ann. for the first seven years, of 200 per ann. for the next seven years, and of 300 per ann. for the last seven years of the said time, to be paid in current and lawful money of England, in Ireland, to John then Lord Berkeley of Stratton, his executors, administrators, or assigns, over and above the rent payable to his Majesty for the same; and as to the term of years which should remain after the expiration of the said 21 years, he thereby declared it was wholly in trust for and to the only use and behoof of the said John Lord Berkeley of Stratton, his executors, administrators and assigns. [22] King Charles II. by other letters patent under the broad seal of Ireland, dated the 17th of June 1676, duly inrolled in the Court of Chancery, for the considerations therein mentioned, granted the reversion of the said rectory and premises to one Edward Proger and his heirs, who by indentures of lease and release, dated the 21st and 22d of August 1676, in consideration of 600 conveyed the same, and all his right and interest therein, to the said John Lord Berkeley of Stratton, his heirs and assigns for ever. Lord Berkeley soon afterwards died, leaving Christian Lady Berkeley his widow, and Charles Lord Berkeley of Stratton, his eldest son and heir at law, an infant; and by indenture dated the 13th of October 1681, between the said Christian Lady Berkeley, of the one part, and Henry Daniel of the other part, reciting the said grants and leases to Sir Lawrence Esmond and Sir Ellis Leighton, and Sir Ellis Leighton's declaration of trust; and the death of John late Lord Berkeley, having made his will, dated the 21st of January 1672, whereby he gave all his chattels, leases for years, and personal estate whatsoever, to his said wife, and appointed her sole executrix; and reciting the before mentioned grant to Henry Proger, of the reversion and inheritance of the said abbey, rectories, tithes, and premises, and his conveyance thereof to the said John Lord Berkeley and his heirs, which reversion and inheritance was descended to Charles then Lord Berkeley, son and heir of the said John Lord Berkeley, an infant; and also reciting that the said Christian Lady Berkeley, in consideration of 1400 sterling, had agreed to alien, convey and assign over to the said Henry Daniel, his executors, administrators and assigns, all the right, estate, interest, trust, use, claim and demand of the said John late Lord Berkeley, of, in and to all and singular the premises, which she did declare and undertake had come to her by the will of her said late husband; and also for the same consideration, had agreed and undertaken that the said Charles, then Lord Berkeley, should immediately after attaining the age of 21, or, in case of his death before the attaining such age, his next heir, should alien, convey and assign over to the said Henry Daniel, his heirs and assigns, all the said lands, rectories, livings, impropriate tithes and premises, with their appurtenances, in manner therein after provided and covenanted : It was witnessed, that in consideration of the said sum of 1400 paid by the said Henry Daniel, she the said Christian Lady Berkeley did grant, bargain, sell, assign and set over unto the said Henry Daniel, his executors and administrators, all the right, title, estate, interest, term of years, possession, reversion, use, trust, claim and demand, which she, as legatee or executrix of John late Lord Berkeley her...
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