Taylor v Bydall
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1826 |
| Date | 01 January 1826 |
| Court | High Court |
English Reports Citation: 89 E.R. 173
THE COURTS OF KING'S BENCH AND COMMON PLEAS
case 256. taylor v. bydall. S. C. 2 Mod. 289, and see Carter, 182. A. had a sister, who married and had issue a son; her first husband dying, she married B., by whom she had issue a son C. and a daughter D. A. devised to his sister, till her son C. should attain the age of 21 years, and then to C. and his heirs; but if C. should die before he came of age, then he devised to the heirs of the body of B. C. died before the age of 21, in the life of B. Held, that A.'s sister, (who was also (a) And is "slipped out of the statute again." Per North, C.J. 1 Mod. 270. Ante, p. 229, 233. An account of the debate, in which the exception in the stat. respecting merchants' accounts was suggested, is to be found in 2 vol. p. 100 of the Proceedings of the House of Commons in 1620 and 1621, published from MSS. at Oxford in 1766. (b) S. C. 1 Mod. 70. 1 Vent. 89. 1 Lev. 298. (c) Queers, Webber v. Tivill, cited in margins 1 (d) See 1 Salk. 9. 12 Mod. 517. Scott v. Mackintosh, 2 Camp. 238. Tomkins v. Wiltshire, \ Marsh. 115. S. C. 5 Taunt. 431. (a) Ante, p. 24. Post, p. 414. 2 Mod. 264. Bro. Demaund. pi. 19. Ibid. Condiciona, pi. 216. Co. Lit. 201 b. 18 Vin. 524. 174 DE TERM. S. HIL. 1677 1FEEEMAN.2M. hia heir) took a term of years by the devise, which did not cease by the death of her son C.: that C. took a fee, vesting immediately in interest upon A.'s death, with the possession expectant upon hia coining of age: that the devise to the heirs of B.'s body was executory, and became void on the death of C. before B.; and that D. took by descent the fee which had vested iii her brother. Richard Bell, who was seised in fee of the lands in question, had a sister Mary, who married Smith, by whom she had a son, Augustine Smith, the lessor of the plaintiff: and that husband dying, she married one Robert Wharton, by whom she had issue Bell a son, and Mary a daughter, who was the defendant. R. Bell devised his lands to his sister till her son Bell should attain the age of twenty-one years; and after Bell should attain the age of twenty-one years, then to him and his heirs; but if Bell should die before he came to the age of twenty-one years, then he devised the lands to the heirs of the body of Robert Wharton ; Bell died before the age of twenty-one, in the life of Robert Wharton (a). In this case it was held per Curiam, 1. That Mary by this devise had an estate for years certain...
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