Sanders v Ashford
| Jurisdiction | England & Wales |
| Judgment Date | 06 June 1860 |
| Date | 06 June 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 500
ROLLS COURT
[609] sanders v. ashford. June 6, 1860. Devise to A. for life, with remainder to his first son who should attain twenty-one in fee, and, in default, to all his daughters in fee; but in the event of A. dying without any issue male who should attain twenty-one, or any issue female, then over. Held, that A. took for life only, and that his estate was not enlarged by the gift over in default of issue. Devise to five in fee, to be equally divided between them, " if more than one." One died in the testator's life. Held, that there was no lapse, but that the four survivors took equally. The testator, by his will, dated in 1818, devised to his great-nephew Thomas Mansfard, for his life, the manor of Lundthorpe and other hereditaments, charged with some annuities, and, from and after the decease of Thomas Mansfard, the testator devised the same real estates unto the first or eldest son of Thomas Maasfard who should be born in his lifetime or within due time after his decease, and live to attain the age of twenty-one years, to hold the same (subject as aforesaid) to such first or eldest son of Thomas Mansfard as should be born in his lifetime or within due time after his decease, and live to attain the age of twenty-one years, as aforesaid, and his heirs for ever. But in case Thomas Mansfard should depart this life without having a son who should be born and live to attain the age of twenty-one years, as aforesaid, then the testator gave and devised all arid every his aforesaid real estates (subject as aforesaid) unto, between and among all and every the daughter and daughters of Thomas Mansfard, to hold the same (subject as aforesaid) to them and their heirs for ever, equally to be divided between and among them (if more than one), share and share alike, to take as tenants in common and not as joint-tenants. But in case of the event [which happened] of Thomas Mansfard dying without having any issue male who should live to attain the age aforesaid, or any issue female, then the testator gave and devised all and every his aforesaid real estates unto, between and among his great-nieces, Elizabeth Mansfard, Ann Mansfard, Mary Mansfard, Martha Mans-[610]-fard and Sarah Mansfard, the sisters of Thomas Mansfard the great-nephew, to hold the same (subject as aforesaid) to them and their heirs for ever, equally to be divided between and among them (if more tfuin one), share and share alike, as...
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Re Donaldson. Watson v Donaldson
... ... In Sanders v. Ashford ( 3 ) the time was the testator's death; in In Re Hornby ( 4 ) the time was the date of the will. A gift of this description is really ... ...
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Lake v Dean
...usual possession of a landlord. Mr. Fooks, for the Defendant, resisted the performance of the contract, unless let 500 SANDERS V. ASHFOBD 28 BEAV. 609. iuto actual possession of the property according to the express terms of the contract, which provided for his having "possession " on the 6......
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Re Gibson's Trusts
...a lapse. Mr. Lawson. Here also the form of the residuary bequest is such that the residuary legatees take as a class : Sanders v. Ashford (28 Beav. 609). There the devise was to five persons nominatim, to be equally divided between them if more than one. One of the devisees died during the ......