Reeve v Long
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 202
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Pasch. 6 W. & M. B. R.
Referred to, In re Wilmer's Trusts [1903], 2 Ch. 420.
202 DEVISE 1 SA1KBLD, 228. 6. eeeve versus long. [Pasch. 6 W. & M. B. E.] [Eeferred to, In re Wilmers Trusts [1903], 2 Ch. 420.] Garth. 309, S. C. 3 Lev. 408. 4 Mod. 282, S. C. Skin. 430. Comb. 252. Cases B. E. 53. Holt 228, 286. Plowd. 33 a. Error of a judgment in C. B. in ejectment, wherein a special verdict was found, and the case was, John Long being seised in fee devised the lands to hia nephew Henry Long for life, remainder to the first son in tail male, and so on to the second, third, &c. And for default of such issue, remainder to his nephew Richard Long, lessor [228] of the plaintiff, for life, remainder to the first son in tail, and so on to the second, third, &c. with divers remainders over. The devisor died, Henry married, and died without issue, leaving his wife enseint with a son; Eichard entered as in his remainder, and afterwards the posthumous son (the defendant) was born, and his guardian entered upon the lessor; whereupon he brought this ejectment; and judgment was given for the plaintiff in C. B. by the whole Court: and now that judgment was affirmed by this Court; and resolved, 1st, That the remainder to the first son of A., is a contingent remainder, and must take effect during the particular estate of A. or eo instants that it determines; that by consequence this remainder to the son became void by the death of the tenant for life before A. had a first son. 2dly, That this was such a default of issue, or a dying without issue, that instantly the remainder limited over to B. vested in him, and he became seised in possession; and this cannot be defeated nor the estate fetched back again, though A. has a son born afterwards. Rut note; This judgment was afterwards reversed in the House of Lords against the opinion of all the Judges, who were much dissatisfied with the reversal...
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