Thomas Voller against John Carter
| Jurisdiction | England & Wales |
| Judgment Date | 10 November 1854 |
| Date | 10 November 1854 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 67
IN THE COURT OF QUEEN'S BENCH AND THE EXCHEQUER CHAMBER
S. C. 24 L. J. Q. B. 56; 1 Jur. N. S. 278; 3 W. R. 22.
thomas voller against john carter. Friday, November 10th, 1854. D., being seised in fee, by will (executed before 1838) devised to his niece E. "for her life only ;" "should she marry, and have issue, then to go to her children ; or, if she have no issue, then to go to" F. W., "my nephew and executor. Should he have no issue, then to go to my niece" H.: "And, furthermore, it is my desire that the freehold shall never be sold or mortgaged, but shall remain, independent of any husband, perpetually in some branch of my family."-After D.'s death, E. married plaintiff, had children by him, and died. From a day before the death of the testator, till after E.'s death, the land had been on lease from year to year, to the same tenant, at an annual rent.-Held : First, that E. took an estate tail by the will; Secondly, that plaintiff, on E.'s death, became tenant by the courtesy. [S. C. 24 L. J. Q. B. 56; 1 Jur. N. S. 278; 3 W. E. 22.] Action to recover 251., being two quarters of a year's rent, due at Lady Day 1854, in respect of premises in Middlesex, By consent, anil by order of Coleridge J., a 68 VOLf-ER V. CARTER 4 EL. & BL. ni case was stated, without pleadings, for the opinion of this Court, substantially as follows. John Dennett, being seised in fee of the said premises, on 15th April 1835, duly made and published his last will and testament iu writing, duly executed and attested [174] in mariner then by law required for devising real estates: and which said will was as follows. "I, Robert Dennett, of" &c., "this 15th day of April, in the year of our Lord 1853, do make, publish and declare this to be my last will and testament, revoking all former ones. In pursuance of this, I do appoint" &c. (persons named, to be executors). "First, after paying all my just debts, funeral expences, and the expences of proving this my will, I do give unto my sister Elizabeth Day the life interest in two freehold houses, being now in the occupation of Mrs. Susan Carter at a rental of 501. per annum, and insurance of 11. 11s. 6d., which she is to pay. At ray sister's death, Mrs. Isabella Woolley, her eldest daughter (my niece) is to have the same for her life only : and, if Elizabeth Day, the younger, sister of the aforesaid Isabella Woolley, survive her, she then is to have the same life interest as her sister enjoyed. Should she marry, and have issue, then to go to her children ; or, if she have no issue, then to go to Mr. Francis Walker, my nephew and...
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