Re Buckton. Buckton v Buckton
| Jurisdiction | England & Wales |
| Date | 1907 |
| Court | Chancery Division |
Will - Construction - Gift to a Person for Life and then “to his Sons and their Sons in Succession” - Tenant in Tail - Rule in Shelley's Case - Costs - Practice - Uniformity.
By his will G. B. devised a mansion-house and copyhold property to trustees upon trust to the use of his eldest son G. B. B., to permit him during his life to occupy the same or receive the rents arising therefrom, and after his decease to permit the eldest son of G. B. B. to occupy or receive the rents of the said estate during his life, “and then to his sons and their sons in succession,” and in default thereof to the second son of G. B. B. and his sons in succession, and in default to the third and other sons of G. B. B. and their sons in succession, according to the priority of their birth, and in case his eldest son G. B. B. should die without leaving any son or male descendant, then upon trust to hold the same estate to the use of the testator's second son W. M. B. for life, with remainder to his eldest and other sons and their issue in succession, with remainders over.
The copyhold property was subsequently enfranchised and disentailed. The plaintiff W. W. B., as the eldest son of G. B. B., took out a summons, to which W. M. B. and the trustees of the wills of G. B. and G. B. B. were made respondents, asking for a declaration of his title to an estate in tail male in possession in the mansion-house and property, and that the costs of and incidental to the application might be provided for:—
Held, that upon the true construction of the will, and having regard to the rule in Shelley's Case, (
Statement of the practice with regard to costs in cases arising on adjourned summonses.
BY his will, dated March 17, 1845, George Buckton, of Oakfield, in the parish and manor of Hornsey, Middlesex, gave, devised, and bequeathed his mansion-house, lands, hereditaments; and premises, called Oakfield, which were of copyhold tenure, unto his son George Bowdler Buckton, John Richards, and Edmund Heysham Wood, their heirs and assigns, and the heirs and assigns of the survivor, “upon trust to the use of my said eldest son George Bowdler Buckton, to permit and suffer him during his natural life to occupy the same or receive the rents issues and profits arising therefrom (thereout paying all quit rents and other charges to which such estate is subject) to and for his own use and benefit, and from and after his decease to permit and suffer the eldest son of my said son George Bowdler Buckton (should he have a son) to occupy or receive the rents issues and profits of the said estate to and for his own use (subject as aforesaid) during the term of his natural life, and then to his sons and their sons in succession, and in default thereof, then to the second son of my said eldest son George Bowdler Buckton and his sons in succession, and in default thereof then to the third and other sons of my said son George Bowdler Buckton and their sons in succession according to the priority of their birth, and in case my said eldest son George Bowdler Buckton should happen to die without leaving any son or male descendant of a son who shall live to succeed to the said estates, then upon trust that my said trustees and their heirs and assigns and the heirs and assigns of the survivor of them shall hold the same mansion-house lands tenements, hereditaments and premises and appurtenances to the use of my second son Woodyer Merricks Buckton, and permit and suffer him during the term of his natural life to use, occupy, and enjoy, or receive the rents issues and profits of the same to and for his own use and benefit (subject to the deductions aforesaid) and from and after his decease, for the use and benefit of his eldest and other sons and their issue in succession as aforesaid as expressed in relation to the issue of my eldest son, and in default of issue male of my second son Woodyer Merricks, then in trust for my eldest daughter Elizabeth Merricks Buckton for her life and her issue male at her decease.” Then followed limitations to other daughters in succession, and their issue male, framed in like manner; and the testator gave the rest, residue, and remainder of his real and personal estate to his trustees upon trusts for sale and conversion, with a gift of the ultimate residue upon trust that the trustees should pay one equal moiety thereof to George Bowdler Buckton, and the remaining moiety to Woodyer Merricks Buckton; and he appointed the same three persons who were trustees to be also executors of his will.
The testator died on February 11, 1847, and his will was duly proved on March 15, 1847. George Bowdler Buckton received the rents and profits of the Oakfield estate from the date of the death of the testator down to his own death on September 25, 1905. The plaintiff William Woodyer Buckton was the eldest and only surviving son of George Bowdler Buckton.
The defendants Mary Ann Buckton, George Buckton Anderson, and William Borrer were the present executors and trustees of the will of George Bowdler Buckton, dated September 16, 1887. William Borrer was also the sole surviving trustee of the will of the original testator, George Buckton. The Oakfield estate remained copyhold until 1875, when it was enfranchised by G. B. Buckton.
By an indenture of disentail dated March 21, 1896, G. B. Buckton and the plaintiff purported to disentail and resettle the said estate. By another indenture of disentail dated November 1, 1905, between the plaintiff and Frederick Herbert Ramsden, the plaintiff assured the Oakfield estate to the use of himself in fee simple.
On May 17, 1906, William Woodyer Buckton took out an originating summons against those claiming the residuary estate of the testator and the sole trustee...
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