Tippin against Coson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 87 E.R. 455
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
Approved, Collier v. M'Bean, 1865, 34 Beav. 430; L. R. 1 Ch. 81, but see note 55 E. R. 700.
case 142. tippin against coson. [Approved, Collier v. M'Bean, 1865, 34 Beav. 430; L. R. 1 Ch. 81, but see note 55 E. R. 700.] If A. in consideration of marriage and of 10001. make a feoffment in fee to the use of himself and his heirs until the marriage takes effect, and afterwards to his intended wife for life; and then to trustees and their heirs, during the life of the said A. to support contingent remainders; and then to his first, second, &c. and so to the tenth son of his body in tail male; then to his heirs male by any other wife, and for want of such issue to the heirs of the body of the said A. and for want of such issue to his own right heirs ; the heirs of the body of A. shall take by purchase and not by disce.nl.-S. C. Comb. 312. S. C. Garth. 272. S. C. Holt, 731. S. C. 1 Ld. flay. 33. In ejectment upon the demise of Lucretia Tippin, a special verdict was found to this purpose. That Edward Coson, being seised in fee of the lands in question, did, in the year 1656, in consideration of a marriage then intended to be had between him and Frances Try, and of a thousand pounds portion, &c. make a feoffment in fee to the use of himself and his heirs, until the said marriage should take effect, and afterwards to Frances his intended wife for life; then to trustees and their heirs during the life of Edward, to support contingent remainders; then to the first, second, &c. and so to the tenth son of his body in tail male ; then to the heirs males he should have by any other wife; and for want of such issue, then to the heirs of the body of the said Edward; and for want of such issue then to his own right heirs. In which deed there was a covenant to levy a fine, which was levied accordingly to the said trustees to the uses aforesaid. The marriage took effect; and Edward had issue by the said Frances, an only daughter named Elizabeth, who married George Tippin, by whom she had issue Lucretia Tippin the now lessor of the plaintiff'. Elizabeth dying in the life-time of Edward Coson her father, he levied another fine, and made a new settlement of the lands, viz. to himself for life, then to his wife for life, remainder to the defendant and his heira with warranty, &c. The question was, What estate was vested in Edward by the first settlement; that is, whether the "heirs of his body" shall take by purchase, or by descent? for if by...
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