Sabbarton against Sabbarton and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 95 E.R. 422
King's Bench Division
See Sheffield v. Lord Orrery, 1745, 3 Atk. 287; Wilkinson v. South, 1798, 7 T. R. 557.
dant right, yet such administration will legitimate all intermediate acts ab initio, and justify a retainer. 1 Roll. 923. S. C. Style 337. 1 Sid. 76. S. C. 1 Keb. 285. 2 Vent. 179. Judgment nisi, &c. by the end of the term for the defendant. And the reporter believes no cause was shewn to the contrary. Sir J. Strange in his report says that the defendant had judgment. See upon the subject of this case, Curtis v. Vernon, 3 Term Rep. 587. (a) 1 Ld. Ray. 693. 12 Mod. 539. (8) 1 Ld. Ray. 691. 2 Salk. 519. 12 Mod. 541. Holt. 560. SABBARTON against SABBARTON AND OTHERS. Testator bequeaths a term for years, in trust for C. C. for her life ; and if she marry B. S. then after her death, in trust for the said B. S. for life and after his death, for the first and other sons of the said B. S. and S. C. and their heirs male respectively according to priority of birth ; and for default of such issue male, then in trust for the daughter and daughters of the said B. S. and C. C. and in case there shall be no issue of the said marriage then in trust for the issue of the survivor of them the said B. S. and C. C. But if neither of them shall leave any issue, then in trust for S. S. for life, and after her decease, in trust for all such child and children as testator's brother J. S. shall leave living, that shall attain the age of 21. After testator's death B. S. and C. C. intermarry and die without leaving issue. S. S. also died without issue, and J. S. died in the life time of C. C. leaving two sons then 21 years of age and upwards : the devise to them held to be a good one under the circumstances that had happened. [See Sheffield v. Lord Orrery, 1745, 3 Atk. 287 ; Wilkinson v. South, 1798, 7 T. R. 557.] S. C. Cas. t. Hardw. 413. Cas. t. Talb. 55, 245. This was a case sent out of the Court of Chancery, by the late Lord Chancellor Talbot, for the opinion of this Court, and it was as follows. Joseph Sabbarton being seised of lands in fee, and possessed of a considerable stock in the Bank of England, and in the orphans fund, by his last will dated 20 April 1710, devised and bequeathed the same unto trustees, and to the survivor of them, and the heirs, executors and administrators of such survivor, upon trust to pay the rents and produce of the said lands and stock to Catherine Carr for her life ; and if she do marry Benjamin Sabbarton, then after the death of the said Catherine Carr in trust to and for the said Benjamin Sabbarton for his life ; and after his death in trust to and for the first son of the said Benjamin Sabbarton, and Catherine Carr and his heirs male, and so on to the second, third and fourth, and all the other sons of the said B. S. and C. C. and their heirs male respectively, according to seniority of age and priority of birth ; and [334] for default of such issue male, then in trust for the daughter and daughters of the said B. S. and C. C. equally to be divided between them share and share alike. And in case there shall be no issue of the said marriage, then in trust to and for the issue of the survivor of them the said B. S. and C. C. but if neither of them the said B. S. and C. C. shall leave any issue, then in trust for his [the testator's] sister Sarah Sabbarton for her life, and after her decease, in trust for all such child and children as his [the testator's] brother John Sabbarton shall leave living, or his wife enaeint with, that shall attain the age of twenty-one years, and to and for the heirs, executors and administrators of such child and children, equally to be divided between them share and share alike, as they shall attain the age of twenty-one years, and if no such child or children shall attain the age of twenty-one years, then in trust for the testator's right heirs. But in case the said C. C. shall not marry the said B. S. then in trust after her death for the said Sarah Sabbarton for life, and after her death in trust for the child and children of the said John Sabbarton that shall...
To continue reading
Request your trial
-
Sabbarton v Sabbarton
...in trust for such of his brother's children then unborn as should attain their age of twenty-one, it was adjudged a good executory devise. Andr. 333. C. t. Talb. 249, 250. 2 P. Wms. Kep. 699, in notes. [S. C. and more full, Andr,] Upon bearing two causes in Chancery before the late Lord Tal......