Robinson v Cuming
| Jurisdiction | England & Wales |
| Judgment Date | 12 May 1739 |
| Date | 12 May 1739 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 302
HIGH COURT OF CHANCERY
[473] Case 224.-eobinson v. guming. May the llth, 1739. S. C. Ga. Temp. Talb. 163. A limitation in a will to C. and his heirs, to the use of him and his heirs, in trust to pay debts, and after in trust for D. and the heirs of his body, and in default of the heirs of the body of D. remainder to C. and his heirs. The recovery of D. barred the remainder to C. as being a remainder of the trust, for a remainder of a legal estate cannot he barred by the recovery of a cestui que trust. The limitation in a will was to C. and his heirs, to the use of him and his heirs, in trust to pay debts, and after in trust for D. and the heirs of his body, and in default of heirs of the body of D. remainder to C. and his heirs, on condition he married M. D. suffers a recovery, and the question was, Whether this recovery barred the remainder to C. 1 Lord Chancellor. The question depends upon this point, Whether the remainder to C. be a remainder of a legal estate, or of a trust 1 For a remainder of a legal estate cannot be barred [474] by a recovery of cestui que trust,(l) but all the remainders of the trust are. (2) It has been said, that it is impossible for a man to be a trustee for himself : but that is not the point here, for as the legal estate and use is wholly in C. by virtue of the first part of the devise, the remainder cannot be in him, for that is part of the estate he had before, and unless the testator...
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