Ralph Teatt, - Plaintiff; James Strong, - Defendant (in Error)
| Jurisdiction | England & Wales |
| Judgment Date | 07 May 1760 |
| Date | 07 May 1760 |
| Court | House of Lords |
English Reports Citation: 1 E.R. 1280
House of Lords
A. being seised of the reversion in fee of a settled estate, and of other estates in fee-simple in possession, makes his will, and thereby devises several described estates to his wife and her heirs, and adds, all other my lands, tenements, and hereditaments. These words, however forcible ex vi termini to carry the reversion of the settled estate, will not so operate where a contrary intent appears clearly upon the face of the will.
2 Burr. 912. See Roe v. Reade, 1799, 8 T. R. 122: In re Bellis's Trusts, 1877,5 Ch. D. 509.
case 40.-ralph teatt,-Plaintiff; james strong,-Defendant (in Error) [7th May 1760]. [A. being seised of the reversion in fee of a settled estate, and of other estates in fee-simple in possession, makes his will, and thereby devises several described estates to his wife and her heirs, and adds, all other my lands, tenements, and hereditaments. These words, however forcible ex vi termini to carry the reversion of the settled estate, will not so operate where a contrary intent appears clearly upon the face of the will.] [2 Burr. 912. See Roe v. Beade, 1799, 8 T. R. 122: In re Bellis's Trusts, 1877, 5 Ch. D. 509.] In Michaelmas term 1756 an ejectment was brought in the Court of King's Bench in Ireland, in the name of the plaintiff, against the defendant, for divers tenements and hereditaments in the towns and lands of Coolnegard, Sydonan, Eailagh, otherwise Eeylands, Culbuck, Tarlum, and Agheleage, in the county of Tyrone, upon separate demises severally made by the lessors of the plaintiff, on the llth of June 1756, for the term of 31 years from thenceforth. The defendant pleaded not guilty, upon which issue was joined; and on the 21st of November 1757, the cause was tried at bar, by a special jury of the county of Tyrone, who found a special verdict to the effect following, viz. That Sir Audley Mervyn, Knt. being (amongst other manors and lands in the said county of Tyrone) seised in fee of the manor and lordship of Arlestown, whereof the lands in the declaration were part, and having issue three sons, Henry, Hugh, and George, duly made and executed certain indentures of lease and release, dated the 2d and 3d of August 1675, whereby Sir Audley, in consideration of a marriage before had between him and Dame Martha his wife, and of the portion received with her, and for making a jointure for her, and for the better vesting and settling the premises in his 1280 TEATT V. STRONG [1760] HI BEOWN. family, name, and blood, and for other considerations, did grant and convey the said manor and lordship of Arlestown, to trustees and their heirs, to the use of himself for life, without impeachment of waste, and after his death (subject to certain provisions thereby made for Dame Martha his wife and his younger children), to the use of Henry Mervyn his eldest son, and the heirs male of his body; remainder to the use of Hugh Mervyn his second son, and the heirs male of his body; remainder to the use of George Mervyn his third son, and the heirs male of his body; remainder to the right heirs of Sir Audley Mervyn; and thereby covenanted to levy a fine, and suffer a common recovery of the premises, which it was declared should enure to the same uses; but it was not found that any fine was levied or recovery suffered, pursuant to such covenant. [220] That Sir Audley Mervyn died in 1676, and upon his death, the said Henry Mervyn, by virtue of the said deeds, entered into the said manor of Arlestown, and was seised of such estate therein as was limited to him by the said deed; and being so seised, and having issue one son named Audley, duly executed indentures of lease and release, dated the 17th and 18th of December 1684, whereby in consideration of a marriage, then lately had between the said Audley Mervyn and Olivia, the sister of Lord Galloony, and in pursuance of agreements made upon the said marriage, and in consideration of a marriage portion of 2000 sterling, paid or secured by Lord Calloony with his said sister, to the said Audley and Henry Mervyn, or one of them, and for making provision for payment of Henry Mervyn's debts, and settling the premises in his name, blood, and family, and for settling a competent jointure on the said Olivia, and making provisions for the younger sons and daughters of the said Audley Mervyn; Henry and Audley Mervyn granted and conveyed the said manor of Arlestown, of which the premises in question were parcel, to trustees and their heirs, to the intent and purpose, that a rent-charge of 300 a year should be issuing out of the same premises, to the use of the said Olivia, during her life, and after her decease, to the use of the said Audley Mervyn, during the joint lives of the said Henry and Audley, and the survivor of them, and subject thereto, to the use of the said Henry Mervyn for life, without impeachment of waste; remainder to the said Audley Mervyn for his life, without impeachment of waste; remainder to trustees for 99 years from Audley's death, upon trust, in case of failure of issue male of Audley Mervyn, to raise portions and maintenance for his daughters; remainder to the use of Henry Mervyn, the first son of the body of the said Audley, by the said Olivia, and the heirs male of the body of the said Henry, lawfully issuing; remainder to the use of the second, third, fourth, and every other son of the body of the said Audley, by the said Olivia, successively in tail male; remainder to the use of the heirs male of the body of the said Audley Mervyn ; remainder to the use of the heirs male of the body of the said Henry Mervyn, the elder; remainder to the use of the heirs male of the body of the said Hugh Mervyn, second son of Sir Audley Mervyn, deceased; remainder to George Mervyn, brother of the said Hugh Mervyn, in tail male; remainder to the use of the right heirs of the said Sir Audley Mervyn. Audley Mervyn did not execute this last settlement. That Henry Mervyn, the father, died in 1699, and upon his death Audley entered into the said manor of Arlestown, under the limitation to him thereof made by the said last mentioned settlement, and became seised as the law requires, and had issue Henry his eldest son. The said Audley Mervyn and Henry his eldest son, afterwards executed indentures of lease and release, dated the 21st and 22d of December 1711, and thereby, in con sideration of an intended marriage between the said Henry and Mary Titchbourne, and of [221] 4500 sterling paid or secured to the said Audley Mervyn, being the said Mary's portion, and for providing a jointure for her, in satisfaction of dower; the said Audley and Henry Mervyn conveyed to trustees and their heirs, the said manor and lands of Arlestown, and divers other lands and premises in the counties of Tyrone and Meath, (save and except certain towns and lands therein particularly mentioned, amongst which were the lands of Gortmore in the baronies of Omagh and Strahane, in the said county of Tyrone, which were declared to be reserved to the said Audley Mervyn and his heirs, out of this conveyance,) to the following uses; viz. as to all the premises in the county of Tyrone, to the intent and purpose, that Olivia, wife of the said Audley Mervyn, should, after his death, receive a rent-charge of 300 a year, as the same was H.L. i. 1281 ' 81 Ill SHOWN. TEATT V. STRONG [1760] limited to her out of all the said premises in the county of Tyrone; and subject thereto, as to the said manors and lands of Arlestown, Touchett, and Stoy, together with divers other lands and premises in the said county of Tyrone, to the use of Audley Mervyn and his assigns, during his life, without impeachment of waste; remainder to trustees to preserve contingent remainders, and subject to a rent-charge of 500 a year, therein limited to the said Mary Titchbourne, for her jointure; and from and after the death of the said Audley Mervyn, subject to the said rent-charge of 300 a year, to the said Olivia, to the use of the said Henry Mervyn and his assigns, during his life, without impeachment of waste; remainder to trustees to preserve contingent remainders; remainder to other trustees for 500 years without impeachment of waste, in trust to raise portions and maintenances for the daughters and younger sons of the said Henry by the said Mary; remainder to the use of the first and other sons of the said Henry Mervyn, by the said Mary Titchbourne, successively in tail male; remainder to the use of the said Audley Mervyn, his...
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