Tipping v Cozens
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court |
English Reports Citation: 91 E.R. 918
COURTS OF KING'S BENCH AND COMMON PLEAS
Approved, Collier v. M'
tipping vers. cozens. [Approved, Cottier v. APEean, 1865, 34 Beav. 430; L. E. 1 Ch. 81 ; but see note 55 E. E. 700.] S. C. Garth. 272. Comb. 312. Holt. 731, & 4 Mod. 310. Tenant for life of an equitable estate with a legal remainder in tail, cannot levy a fine. E. aec. 8 Viii. 262, pi. 19. 1 Bro. C. C. 73, 75. An use cannot be executed upon an use. D. ace. 2 Bl. Com. 335. Bac. on Uses 316. Under a conveyance to trustees and their heirs to the use of them and their heirs during the life of J. S. in trust, to preserve contingent remainders, but to permit J. S. to take the profits, &c. J. S. has only an equitable interest. Semb. ace. Bro. C. C. 75, and Viii. ubi supra. See also post, 873. The jury find a special verdict, that Edward Cozens, seised in fee of the lands in question, by indenture dated the sixteenth of October 1654, in consideration of a marriage intended to be celebrated between him and Mrs. Grace Fry, and of 10001. portion, conveyed these lands to trustees, to the use of himself and his heirs until the marriage took effect, and then to the use of Mrs. Grace Fry for life, for her jointure, then to trustees and their heirs during the life of Edward Cozens, in trust to support contingent remainders, and for that purpose to make entries, &c. but to permit Edward Cozens to receive the rents and profits during his life, remainder to the use of the first, second, third, &c. sons of that marriage in tail male successively, remainder to the heirs male of Edward Cozens and his then intended wife, remainder to the heirs of their bodies, remainder to the heirs male of Edward Cozens, remainder to the right heirs of Edward Cozens; and in this indenture Edward Cozens covenanted to levy a fine to those uses, which fine was levied accordingly : they find further that this marriage took effect, and that Edward Cozens had issue of that wife but one daughter, Elizabeth, who married afterwards George Tipping: they find farther, that Edward Cozens in 1686 covenanted with John Sheppards, &c. to levy a fine to the use of himself for life, remainder to his wife for life, with divers remainders over for life and in tail, 1LD. RAYM. 34. HILARY TERM, 6 AND 7 WILL. AND MAR. 919 exclusive of his daughter, remainder to his own right heirs; in pursuance of which covenant a second fine was levied with warranty against Edward Cozens and his heirs...
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