Skip v Harwood
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 11 August 1747 |
| Date | 11 August 1747 |
English Reports Citation: 26 E.R. 1125
HIGH COURT OF CHANCERY
Case 210.-shields versus atkins, August 10, 1747. It would be dangerous, where a person enters on the foot of the trust, and never makes any declaration of his having performed the trust in pursuance of the will, to construe this such an entry, as that a fine and non-claim would bar the right of the plaintiff a remainder-man. Robert Shields of Nunthorpe in Yorkshire, being seised in fee of a messuage and lands in Great Ayton, by his will dated the 6th of December 1710, " devised to Robert " Shields of Carlton, carpenter, from and after the decease of Ann, the testator's wife, " the said messuage and lands, to hold to the said Robert Shields the carpenter, and his " heirs and assigns, in trust, till the rents and profits of the said devised premisses shall " raise and pay the several legacies and bequests therein after mentioned, and so soon " after his said estate shall by the rents and profits have raised and paid the same, he 3ATK. 561. SHIELDS r. ATKINS 1123 " gave the said premisses to Robert Shields, son to his brother William Shields, for " his life " ; (then follow these words, and) " being my will is, that the said Robert " Shields the carpenter, and his heirs, shall have a contingency of enjoying my said " estate, and yet not designing to oust my said nephew Robert Shields, nor his issue " or issues (so long as there shall any remain in the line from his body directly), from " and after the decease ,of him my said nephew Robert Shields, I give the premisses " aforesaid unto the heirs of his body, male or female, for his or her natural life, and " after his or her decease, to his or her heirs, males or females, of his or her body, for " their lives, and so to be continued as a life estate only in the line of him my said nephew " Robert Shields, his issue, and their issue of their bodies, one after another, so long as any " such shall be, and for default of such issue, then I give the said premisses unto the " said Robert Shields carpenter, my said trustee, his heirs and assigns for ever." The testator died soon after, and, upon his death, his widow entered upon the said messuage and lands, and enjoyed the same till her death in the year 1724, and then Robert Shields of Carlton, the plaintifi's father, as trustee under the will, entered thereupon, and out of the rents and profits paid several of the legacies ; and he dying about the 5th of November 1726, the plaintiff...
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