Thomas Wills and Ann his Wife, and Others, plaintiffs; Henry Palmer, Esq., and Others, defendants
| Jurisdiction | England & Wales |
| Judgment Date | 17 May 1770 |
| Date | 17 May 1770 |
| Court | Court of the King's Bench |
English Reports Citation: 98 E.R. 376
IN THE COURT OF KING'S BENCH
See 1 Vent. 381. 1 Durn. 630. Har. Notes on Co. Lit. 164 a. Cro. Car. 23.
Referred to, Coape v. Arnold, 1854, 55, 2 Sm. & G. 324; 4 De G. 324; 4 De. G. M. & G. 589.
thomas wills and ann his Wife, and others, plaintiffs; henry palmer, Esq., and others, defendants. (S. C. 2 Bl. 687.) Thursday, 17th May 1770. An estate in tail male passing by a deed and also by a will. [See 1 Vent. 381. 1 Burn. 630. Har. Notes on Co. Lit. 164 a. Cro. Car. 23.] [Referred to, Ooape v. Arnold, 1854, 55, 2 Sm. & G. 324; 4 De G. M. & G. 589.] A case directed to be made, by order on the hearing of this cause on the 14th clay of March 1769, before the then Lord Chancellor (Lord Camden,) for the opinion of the Judges of the Court of King's Bench. By indenture quadripartite, made between Archdale Palmer, Esq. and Ann his wife, and John Palmer, Gent' son and heir apparent of the said Archdale Palmer, of the first part; Joseph Danvers, Esq. John Danvers, Gent', and Ann Danvers one of the sisters of the said Joseph Danvers and John Danvers, of the 2d part; Henry Palmer, merchant, and Henry Palmer son of the said Archdale Palmer, of the 3d. part; and George Townshend the Younger, Esq. and Charles Townshend, Gent', of the 4th part; the said Archdale Palmer and John Palmer, in consideration of a marriage intended between the said John Palmer and Ann Danvers, and of 3000 the fortune of the said Ann Danvers, and for settling and assuring the manors, messuages, lands, tenements, and hereditaments therein after mentioned unto such uses and upon such trusts as are therein after mentioned, the said Archdale Palmer Ann his wife and John Palmer covenanted to levy a fine sur conuzance de droit come ceo, &c. unto the said George Townshend and Charles Townshend or the survivor of them and the heirs of one of them, of a capital messuage in Thurcaston in the county of Leicester, and of two other messuages, one cottage, and ten yard-lands in Thurcaston aforesaid ; and of the manor of Wanlip in the said county of Leicester, and of the advowaon of Wanlip aforesaid, and of a capital messuage, &c. &c. &c., and of all other the manors, messu-[2616]-ages, lands, and hereditaments of the said Archdale Palmer and John Palmer or either of them in Wanlip Loughborough and Birstall or any of them : the uses of which fine are thereby declared to be to the said George Townshend and Charles Townshend and their heirs and assigns, to the intent that they should be tenants of the freehold of the premisses, in order to the suffering one or more common recovery or recoveries thereof, wherein the said Joseph Danvers and John Danvers should be demandants and the said George Townshend tenant, and the said John Palmer vouchee; which said fine and recovery should enure to the several uses, upon the trusts, and subject to the provisoes and agreements therein after declared, to wit, To the use of the said Archdale Palmer his heirs and assigns, until the intended marriage should be solemnized ; and after the solemnization thereof, then As to all the premisses in Thurcaston, six messuages, &c. in Wanlip, and one yard-land in Loughborough, and the said messuage, &c. in Birstall, To the use of the said John Palmer for life, without impeachment of waste ; Then to the use of the said Joseph Danvers and John Danvers and their heirs, in trust to support contingent uses ; And after the decease of the said John Palmer, to the use 'of the said Ann his intended wife, for her life, without impeachment of waste except voluntary waste, for her jointure and in bar of dower ; And alter the deceases of the said John Palmer and Ann his intended wife, then to the use of the first son of the body of the said John Palmer by his said intended wife, and the heirs male of the body of such son : And in default thereof, to the use of the 2d, 3d, 4th, 5th, and all and every other the son and sons of the body of the said John Palmer by his said intended wife successively, and to the several and respective heirs male of the respective body and bodies of such sons; And in default thereof, to the use of the said Joseph Danvers and John Danvers their executors administrators and assigns, for the term of 500 years from thence 8 BURR. M17. WILLS V. PALMER 377 next ensuing, upon the trusts and for the purposes and subject to the agreements therein after expressed; [2617] And after the end or other determination of the said term, to the use of the first son of the body of the said John Palmer by any other woman he should marry, and the heirs male of the body of such first son; Remainder to the use of the second and all other the son and sons of the said John Palmer by any other woman he should marry, and their heirs male successively ; Remainder to the use of the heirs male of the body of the said Archdale Palmer ; Remainder to the use of the heirs of the body of John Palmer; Remainder to the use of John Palmer, his heirs and assigns for ever. And as for and concerning the said manor of Wanlip with the royalties and appurtenances, and the advowson, &c. of Wanlip, the capital messuage in Wanlip in the occupation of Archdale Palmer, and all, &c. thereto belonging or therewith used...
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