The King against The Executors of Sir John Daccombe
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 437
IN THE KING'S BENCH.
case 23. the king against the executors of sir john daccombe. In the Exchequer. A beneficial contract to provide goods, held in trust, is forfeited to the King on an attainder of high treason. 2 Boll. Ab. 807. Hob. 214. 3 Co. 3. a. 12 Co. 2. Hard. 405. 495. 1 Lev. 279. 1 Sid. 260. 1 And. 294. Staundf. 187. b. King James made a lease to Sir John Daccombe and others, of the provision of wines for His Majesty's house for ten years, in trust for the Earl of Somerset. They (a) 5 Co. 26. b. 438 MICHAELMAS TERM, 16 JAC. 1. IN C. S. AND B. R, CRO. JAC. 513. made a lease for all the terra except one month, rendering nine hundred pounds a year. The Earl of Somerset being afterwards attainted of felony, the question was, whether the trust which was for the said earl was forfeited to the King by this attainder] And it was referred to [513] all the justices of England, by command from the King, to be considered of, and to certify their opinions. Tanfield, Chief Baron, now delivered all their opinions to be, that this trust was forfeited to the King; and that the executor shall be compelled in equity to assign the residue of the term and the rent to the King. And he cited a case to be adjudged 24 Eliz. where one Birket had taken bond in another's name, and was afterwards outlawed, that the King...
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