Right (on the several demises of J. Shortridge the Younger and Jane his Wife, and Elizabeth Creber) against James Creber
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1826 |
| Date | 01 January 1826 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 322
IN THE COURT OF KING'S BENCH.
S. C. 8 D. & R. 718; 4 L. J. K. B. O. S. 324. Explained, Doe v. Featherstone, 1831, 1 B. & Ad. 950; Mills v. Seward, 1861, 1 J. & H. 738. Referred to, Van Grutten v. Foxwell, [1897] A. C. 673.
[866] eight (on the several demises of J. shorteidge the younger and jane his Wife, and elizabeth creber) against james creber. 1826. A. B. devised land to trustees in trust, to permit his daughter to receive the rents to her own use for her life, and from and after her death he devised the same " unto the heirs of the body of his daughter, share and share alike, their heirs and assigns for ever." At the time of the death of the testator the daughter had one child, and afterwards had eleven others: Held, that the words " heirs of the body " in this will meant children, and that the child born before the testator's death took a vested remainder in fee, subject to open and let in those who might be born afterwards. [S. C. 8 D. & E. 718; 4 L. J. K. B. 0. S. 324. Explained, Doe v. Featherstme, 1831, 1 B. & Ad. 950; Mills v. Seward, 1861, 1 J. & H. 738. Eeferred to, Van Grutten v. Foxwell, [1897] A. C. 673.] Ejectment for the recovery of messuages and lands in the parish of Buckland Monaehorum, in the county of Devon. At the trial before Littledale J., at the last Summer Assizes for the county of Devon, the jury found a verdict for the plaintiff, subject to the opinion of this Court on the following case : Eichard Northmore, of Sheepstor, in the said county, being seised in fee of the premises in question, by his last will and testament, bearing date the 23d of June 1764, and duly executed and attested for the passing of real estates of inheritance, devised as follows: I give and bequeath unto my said wife, M. Northmore and Elizabeth Northmore, all that my messuage and tenement called Sowton, being in the parish of Buckland Monaehorum, in the said county, and the reversion and reversions, remainder and remainders thereof, to hold to them, their heirs and assigns, in trust, to permit and suffer my said wife, M. Northmore, to inhabit, dwell in, use, occupy, and enjoy the parlour and chamber over the south side of the dwelling-house on the said premises, until the determination of the term which J. Foot now hath of and in the tenement of Coombe Hill, without paying any rent or other consideration therefore ; and to permit and suffer my daughter Joan, now the wife of Jacob Creber, and her assigns, from and immediately after my death, to hold and enjoy, and to receive and [867] take the rents, issues, and profits of all and every of the said premises, except as aforesaid, to her and their own use and benefit, for and during the term of her natural life, free and clear of and from her said husband, Jacob Creber, and so 5B.fcC.868. RIGHT V, CBEBEE 323 that he may not intermeddle therewith, and that the same may not be subject or liable to the payment of any of his debts; and from and after her death, then I give, devise, and bequeath the same and every part thereof, unto the heirs of the body of the said Joan Creber, share and share alike, their heirs and assigns for ever. The testator died so seised in January 1766, without altering or revoking his will, leaving the said Jacob Creber and Joan his wife him surviving. Joan Creber, at the death of the testator, had one child, Richard. She...
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