Thomas Davis, Lessee of John Pierce, Plaintiff; Creswick Norton and Mary Ux', Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | High Court of Chancery |
English Reports Citation: 24 E.R. 781
Chancery Division
[390] Case 122.-thomas davis, Lessee of john pierce, Plaintiff; greswick norton and mary Ux', Defendants. [1726.] A. seised in fee, has a son B. and a sister 0. &c., and devises his lands to his son B. in tail general, and if his son B. should die without issue, and his wife should survive him, then the wife to have the premises for life, remainder to C. in fee ; B. the son dies without issue, but testator's wife dies before him ; C. is not entitled to the remainder in fee, because the contingency is annexed to all the devises over. This was an ejectment tried at Chelmsford summer assizes 1726. and the lands in question being of small value, and depending merely on the words of a will, it was by consent made a case to be determined by the opinion of Mr. Justice Reynolds, who tried the cause. The case was, Thomas Hooker the defendant's uncle was seised in fee of lands in Seward-stone in the parish of Waltham-holy-cross, in Essex, and had a wife Alice, an only son William Hooker and a sister Mary Stratton. Thomas Hooker the father, by his will dated the 5th of July 1705, devised his lands to his son William Hooker and the heirs of his body, and if his said son should die without issue of his body, and the said testator's wife Alice Hooker should survive his the said testator's son, then the testator's wife Alice should enjoy the premises for her life, and after her decease, that the premises should be enjoyed by the testator's sister Mary Stratton for her life, and after her decease [the testator's son William Hooker being dead without issue as aforesaid] then the testator devised the premises to the lessor of the plaintiff [391] John Peirce and to two others Pigborn and Randal (both since dead) and to their assigns for ever. The testator Thomas Hooker died, the wife Alice did not survive the testator's son William Hooker, but died before him. The 6th of September 1709, the son William Hooker died without issue ; upon which Mary Stratton the testator's sister and heir entered, enjoyed the premises for her life, and died the 10th of October 1723. Pigborn and Randal two of the devisees over in fee died, and the other devisee John Peirce survived, and was the lessor of the plaintiff; and the question was, whether John Peirce the surviving devisee took any thing by this devise, in regard Alice Hooker the testator's...
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