Trehern against Claybrook Ent
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1657 |
| Date | 01 January 1657 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 23
COURT OF COMMON PLEAS
WINCH, 27. HILL. 19 JAC. 23 trehern against claybrook Ent. Tr. 18 Jac. Rot, (550. Trehern against Glaybrook in a debt upon a lease for yeares, the jury gave a special verdict to this effect, that John Trehern grandfather of the plaintiff was seised of land in fee, and let this for forty yeers rendring rent, for which the action is brought, and that he devised the reversion to the plantiff in taile, the remainder to Leonard Trehern in taile with divers remainders over, and with provises in the same will, that for the raising of a stock for the plantiff, and for him in remainder, his will was that one Griffith, and Anne his wife, being daughter of the devisor should have the profits, and rent of the said land to their own use, until the time that the plantiff and the said Leonard Trehern accomplish the age of 21 years, provided alwayes, and upon this condition, that the said Griffith and his wife within 3 moneths of his decease, enter into bond to the overseers of his will in such a summe, and in such a penalty as shall be thought fit by the said overseers : and this bond to be made by their advice; and if the said Griffith and Anne his wife do refuse to be bound as is aforesaid, then the overseers shall [27] have the rents, and the profits &c. and the jury found over that he made two executors and 3 who were overseers, and that the 3 October 16 lac, died, and that within 3 weeks after the death of the devisor, the executor read the will to the overseers, but they found that the overseers did not remember that; and if upon all the matter Griffith and Anne his wife had not performed the condition was the question : and that if not, the reversion was in the plantiff. And the point in law upon the verdict was whether Griffith and Anne his wife, ought of their perils to tender the bond within 3 moneths, or whether the overseers ought to make the first act, and to tender the bond and the penalty for them to seal; and Towse...
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