Tinker v Lidcot
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1823 |
| Date | 01 January 1823 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 815
COURT OF COMMON PLEAS
[45] tinker versus lidcot, Ejectment. Francis Lidcot, 20 July 15 Car. 2, demised to the plaintiff the rectory of E. habend. from the Feast of Saint John Baptist last past for the term of three years, who held till he was ejected. The jury find a special verdict. Dr. S, prebendary of Pauls was seised in fee of these lands and rectory in question in the right of his prebend, and he by indenture of lease did demise to Thomas Lidcot the said reetory, habend' to him and hia assigns for three lives, Thomas the fathers life and his two sons lives Thomas and Francis, which Francis is the lessor of the plaintiff; this was executed by livery and seisin to Thomas, and he entred accordingly : he being so seised 15 Sept. 18 Car. 1, by indenture of the same date conveys the premises to Flexmore, Greavs and Allestre, to have and to hold to these uses. To the use of Thomas Lidcot the father for hia natural life, after his decease to the use of his wife Rebeccah and her assigns for her life, if the sons so long lived (on condition that Eebeccah out of the profits of the tenements should breed and maintain younger children, and that she should pay out of the same an annuity of 501. per annum to Thomas Lidcot the son till he came to the age of 21 years, and 401. per annum to Francis till he came to his age of 21) and that after the decease of Rebecoab, they should stand seised to the use of Thomas and Francis and the heirs of Thpmas; thus the heir comes in; they find possession was delivered upon this deed. They further find, that Thomas the father died seised 1643, that Eabeecah entred, and she died 1 March 1649, after her decease the three assignees enter into the said tenements, five years after Greavs and Allestry die, and Flexmore survived; after Thomas the son died 20 May 1659. Flexmore demiseth the premisses to Francis the son and Peter the brother of old Thomas habend' the one moiety to Francis, the other moiety to Peter for 40 years if Francis so long live, by vertue of which demise Francis entred and made a lease to the plaintiff, till he was ejected by John Lidcot son of Thomas, the heir of old Thomas. Earl Serjeant pro querente. 816 TINKER t . LIDCOT CARTER, 48. 1. When Thomas Lidcot the father, who had an estate for his own life, and his sons two lives, makes an estate to the use of himself for his life, and after to the use of his. wife for her life, if his two sons live so...
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