Sir Thomas Smith, Bar. Peter Wilbraham and Anne his Wife et Al, Plaintiffs; Dame Abigail Smith, Widow, Richard Lister and Frances Pate his Wife, Sir Charles Holt, Bar. et Al, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 29 October 1690 |
| Date | 29 October 1690 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 717
IN COURT, LORDS COMMISSIONERS RAWLINSON AND HUTCHINS.
Case 162.-Sir thomas smith, Bar. peter wilbraham and anne his Wife & Al\ Plaintiffs; Dame abigail smith, Widow, richard lister and frances pate his Wife, Sir charles holt, Bar. & Al\ Defendants. Die Mercurii, 29 Octobris [1690]. In Court, Lords Commissioners Rawlinson and Hutchins. [1] Eq. Ca. Ab. 247, pi. 5, S. C. Grandfather being tenant for life, remainder to his first son in tail, remainder over, with power to charge the estate with 250 per ann., does by deed charge the premises with 250 per ann. for four years, to commence from his death, in trust to raise 1000, part to be paid to A. and the other part to the plaintiff B., and dies. The son pays A. what was due to him, and he delivers up the deeds and they are suppressed. The son takes the profits for four years and more, and leaves a daughter his heir at law, and leaves no personal assets. The daughter enters on the estate. The lands shall be liable in her hands to pay the money due to the plaintiff with interest, though the term for years that was to secure the money is expired; and though the person be dead that received those profits, and should have paid the money in question. This cause came now to be reheard upon the defendants' petition, who conceived themselves aggrieved, by the decree made upon the hearing of the cause by the late Lords Commissioners. 718 SMITH V. SMITH 2 VEBN. 179. The case was that upon the marriage of Sir Thomas Smith with Dame Mary his wife, being the grandfather of the defendant Frances Pate Smith, now wife of the defendant Lister, by settlement on his marriage assured the manors and lordship of Hough Weston cum Charleton Grash and Great Shavington in Com. Cestr. to the use of himself for life, remainder to Dame Mary his wife for her jointure, remainder to the first son in tail with other remainders over. [179] Provided that the said Sir Thomas should have power by any deed or writing attested by two witnesses to grant an annuity or rent-charge not exceeding two hundred and fifty pounds out of all the said manors and premises, or any part thereof, to any per on for any term not exceeding four years, to commence after the death of Sir Thomas and Dame Mary. Sir Thomas pursuant to the power by...
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Heir and Ancestor
...Daughter to pay C. with Interest though the Term for Years is expired, and the Person dead who received the Profits. Vide Smith and Smith, 2 Vern. 178, Mich. 1690. (D) where charges and incumbrances on the land shall be raised, or shall sink in the inheritance for the benefit of the heir. 1......
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The Right Hon. JOHN RICHARDS, one of the Barons of HM Court of Exchequer, CAROLINE RICHARDS, Widow, CAROLINE MARIA RICHARDS, otherwise WOODHOUSE, and another, v CROASDAILE MOLONY, HENRY MOLONY and Others
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