Richardson v Chilcott
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1823 |
| Date | 01 January 1823 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 892
COURT OF COMMON PLEAS
S. C. Carter, 201.
[165] richardson versus chilcott. Argued per Windham Serjeant pro Querente. Broom pro Defeudeute. Ejectment. [S. C. Carter, 201.] Ejectment for the moiety of the manner of Hedgly, of tho demise of William Pierce for five years. Upon not guilty pleaded, a special verdict was found. Rowland Hind was seised of the whole mannor of Hedgly in his demesne as of fee, and had issue William and Rowland, and two daughters Ann and Elizabeth. This Rowland Hind, 1 Dec. 3 Jac. by deed executed did enfeoffe Christopher Baban and Thomas Billingsley, and their heirs, of all the said mannor, to the use of the said Richard Hind the Elder for life, the remainder to the use of William Hind his eldest son for his life, the remainder to Christopher Baban and Thomas Billingsly, and their OARTEB, 168. RICHARDSON V. CHILCOTT 893 heirs, till one of the sons of William Hind shall accomplish his age of ten years for the benefit of such son, and after the death of Rowland Hind the Elder, and William Hind ; and after that one of the sons of William Hind shall accomplish his age of ten years, then to the use of the first son of William Hind the Elder, and the heirs males of his body ; and for default of such issue, to the use of other sons of the said William Hind successive; and for default of such issue, to the use of Rowland Hind the Younger for life, and after to his first son, and the heirs males of his body, and so to his other sons successive ; and for default of such issue to the use of his daughters, and in default of such issue to the daughters of old Rowland in tail, the remainder to the right heirs of Ann and Elizabeth the daughters of Rowland Hind the Elder, with power for William and Rowland tenants in possession to make joyntures. William died without issue of his body in the time of Rowland the father. Rowland the father dies the first day of March 16 Jac. leaving Rowland his sou, Ann, and Elizabeth. Ann 1 Jan. 10 Car. 1, marries William Bettar, and they two 10 Nov. 10 Car. 1, for 2901. did bargain and sell the moiety of this manor to William Pierce and his heirs, and therein was a covenant to levy a fine, and a fine was levied, Hill. 13 Car. 1 accordingly. And died without issue soon after. They find William Pierce, 6 Sept. 1643, and William Pierce his son, lessor of the plaintiff seised prout lex postulat. Rowland the Younger died an. 1663, without issue, after the death of Rowland the Younger William Pierce the son entred. They find Elizabeth the surviving child of old Rowland (10 March 1637) married Thomas Billingsly, and died 1640, leaving one daughter called Katherine. Katherine after the death of her mother, and after the death of Rowland Hind the Younger, and before the ejectment did enter and put out William Pierce the son, and they find that Katherine was seised, &c. and so being seised married William Chilcot the defendant. [166] Windham Serjeant pro querente. The question will be this : what estate would have vested in the feoffees, if the contingency had taken effect, in case that William at the time of his decease had had a son within the age of ten years'! I conceive they should have had but a term for years. The words are: to Rowland for life, and then to William for life, and after to the use o( Christopher Baban and Thomas Billingsley, and their heirs, until one of the sons of the said William Hind shall accomplish the age of ten years, and after the decease of Rowland the Elder and William, and after one of the said sous shall accomplish the age of ten years, then to the use of the first begotten son of William, and so to the other sons, with remainders over. It being thus limited, not till he hath a son, but till one of his sons shall accomplish his age of ten years, it being found that he died without issue in the life of his father, this shall raise no estate, it shall not raiae any fee simple as they intend ; it was a possibility, and he dying without issue the contingency doth cease, and now no estate can rise to them; and if so, then by the deed and fine the lands are well transferred to the lessor of the plaintiff. First, if this contingency had hapned, what estate should the feoffees have had 1 I conceive it is not every limitation that is to the heirs that alters the nature of an estate; though it is limited to the feoffees and their heirs. It makes it not a fee-simple, what was after qualified to a term for years, 10 Rep. Lovies case, p. 85. If he had limited it to them and their heirs for so many years as shall...
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