Tate v Clarke
| Jurisdiction | England & Wales |
| Judgment Date | 20 December 1838 |
| Date | 20 December 1838 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 876
ROLLS COURT
S. C. 8 L. J. Ch. (N. S.), 60.
[100] tate v. clarke. Nov. 21, 22, Dec. 20, 1838. [S. C. 8 L. J. Ch. (N. S.), 60.] Devise to testator's widow, for life, with remainder to trustees and their executors, to pay costs, &c., and to divide the residue of the rents, amongst all the testator's brothers and sisters " who should be living at the time of the decease of his (testator's) wife, and to their issue, male and female, after the respective deceases of his said brothers and sisters, for ever; to be equally divided between and among them." Held, that the words "issue male and female," were to be construed as words of limitation, and not of purchase; and that the children of a sister of the testator who died in the lifetime of the widow, took no interest under the devise. A similar decision made with respect to personal estate. This cause came before the Court on a general demurrer to the whole bill, which stated the will of the testator, George Williams, dated the 27th of May 1784, as follows:-" I give, devise and bequeath all that my freehold messuage, tenement or dwelling-house with the appurtenances, and the stables, out-houses and garden ground, together with all buildings, rights, members and appurtenances whatsoever, to the same belonging, which I lately purchased of Thomas Pochin, of Loughborough, in the county of Leicester, Esq., situate, lying and being at Hammersmith, in the county of Middlesex, as the same are now in lease to Mr. John Lewis of Hammersmith aforesaid and occupied by him, and all other my freehold estates, whatsoever and wheresoever, unto my dear and loving wife, Lucetta Williams, for the term of her natural life, independent and without prejudice to the control, debts or engagements of any future husband or husbands she may hereafter happen to marry, and that her receipt alone shall be a good and sufficient discharge to the tenants or occupiers of the same premises, it being my will and mind, the same shall remain free and clear to her own sole use and benefit, and not otherwise; she committing or suffering no manner of waste thereon, or doing any act or deed whereby wilfully to lessen the value or income of the same estates; and from and after her decease, I give, devise and bequeath the same unto Mr. Henry Lewis, son of the said John Lewis, of Hammersmith aforesaid, and Mr. John Clarke, of Southampton Street, in the parish of St. Paul, Covent Garden...
To continue reading
Request your trial
-
The Trusts of the Annuity of £600 given by the Will of John Wynch, deceased, and The Act 10 & 11 Vict c. 96. ex parte Wynch
...C. C. 570, approved of and held not to have been overruled; and the cases of The Attorney-General v. Bright, 2 Keen, 57, Tate v. Clarke, 1 Beav. 100, Jordan \. Lowe, 6 Beav. 350, and Bird v. Webster, 1 Drew. 338, commented upon.-By the Lord Chancellor and the Lord Justice Turner. This was a......
-
Kavanagh v Morland
...construction was given where the ultimate limitation contained the words "to be equally divided between and amongst them:" Tatev. Clarke (1 Beav. 100). " To A. and the heirs of her body for ever as tenants in common, and not as joint-tenants:" Doe d. Candler v. Smith (7 T. K. 531). "To and ......
-
Parker v Clark
...[165] tenant for life, yet it is otherwise where there are joint-tenants for lives with several inheritances in tail, Tate v. Clarke (1 Beav. 100). Secondly, where there is a limitation to the issue of a tenant for life, and to the heirs of the body of that issue, with cross and superadded ......
-
Ann Roddy and Others, - Plaintiffs in Error; Francis Fitzgerald, - Defendant in Error
...have a less extended meaning." Similar observations will be found in the judgment of Lord Langdale, Master of the Bolls, in Tate v. Clark (1 Beav. 100). It is clear also from the case of Jesson v. Wright, and many others, that the words " in default of issue," or " in failure of such issue,......