Simmonds v Cock
| Jurisdiction | England & Wales |
| Judgment Date | 08 March 1861 |
| Date | 08 March 1861 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 704
ROLLS COURT
S. C. 7 Jur. (N. S.) 718; 9 W. R. 517.
704 SIMMONDS V. COCK 29BEAV.MB. [455] simmonds v. cock. March 4, 5, 8, 1861. [S. C. 7 Jur. (N. S.) 718; 9 W. E. 517.] Devise of real estate to A. for life, and after her decease to B. and C. and D. and E. (an infant) " provided she lives to attain the age of twenty-one years." Held, that this was a condition subsequent, and the tenant for life having died during the minority of E., that E. was entitled to her share of the rents until she attained twenty-one. The testator, William Cock, by his will dated in 1853, gave the yearly rents and profits of all his real estate, and the interest, dividends and yearly produce of all his personal estate, unto his wife Ann Cock for her life, and, after her decease, the testator gave, devised and bequeathed all his real and personal estates unto and to the use of his sons, Albert Cock, Edwin Cock and Frederick Cock, and his granddaughter Ellen Bayden Simmonds, p-amded she lived to attain the age of twenty-one years, their respective heirs, executors, administrators and assigns absolutely. The testator appointed his three sons executors of his will. The testator died on the 27th of October 1853 ; his wife survived him, but died a few days after. The testator died seised of real estate and possessed of some property held upon lease for lives under the Dean arid Chapter of Canterbury. This suit was instituted by Ellen Bayden Simmonds, an infant of about seven years of age, against the testator's three sous and executors, praying the administration of the estate, and that the Plaintiff's contingent share might be ascertained and properly secured. A decree was made in 1859, directing the usual accounts and inquiries as to the personal estate, together with an inquiry as to the testator's real estate, and an account of the rents thereof received by the Defendants. The Defendants presented a petition of rehearing, stating that the cause was heard as a short cause, and [456] that the attention of the Court had not been drawn to the fact that, in consequence of Ann Cock, the wife of the testator, having survived the testator and afterwards died while the Plaintiff was still an infant, the Plaintiff was not (as the Petitioners submitted) entitled to any part of the testator's real estates. That, under these circumstances, the Petitioners were advised that the inquiry and account aa to the real estate and rents ought not...
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