W. Morrant and Ann his Wife against Gough, Devisee, and T. Sandy, as Heir, of Certain Lands, Company of Thomas Sandy, Deceased
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1827 |
| Date | 01 January 1827 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 700
IN THE COURT OF KING'S BENCH.
S. C. 1 Man. & Ry. 41; 6 L. J. K. B. O. S. 14.
W. morrant and ann his Wife against gough, Devisee, and T. sandy, as Heir, of Certain Lands, &c. of Thomas Sandy, Deceased (a). 1827. Where a party, who by writing obligatory (without any penal sum), had bound himself to pay to A. B. an annuity of 201. a year for her life, devised his estates to trustees upon certain trusts, until his son should attain the age of twenty-one years : Held, that the estate of the trustees ceased upon the death of the son under the age of twenty-one, all the purposes of the trust being then at an end; and that the trustees were only liable to pay to A. B. such arrears of the annuity as became due before the son's death. ' [S. C. 1 Man. & Ry. 41; 6 L. J. K. B. 0. S. 14.] Debt on bond, made by T. Sandy, whereby he bound himself unto the plaintiff Ann, " in the sum of 201., to be paid yearly during her natural life (at the decease of the said Ann to return to the heir of T. Sandy). The declaration averred, that on the 20th of March 1797, T. Sandy died; that after his death, viz. on the 5th of September 1824, 501. for two years and a half [207] of the said yearly payment or sum of 201., became and was still due and in arrear to the plaintiffs," &c. The defendant, Gough, pleaded (amongst other things), thirdly, that T. Sandy on, &c. made his will, whereby he bequeathed to Mary Sandy, his wife, the sum of 201. yearly, during her natural life, to be paid her by his executors, from such of his estates as were thereby devised to them in trust; and he appointed the defendant and C. Sandy his executors and trustees, and gave and devised to them all his freehold and leasehold messuages, tenements, and lands, &c., and also all his bonds, notes, and (a) The Judges of this Court sat, as on former occasions, from Thursday the 5th day of July to Wednesday the llth day of July inclusive, and again from Monday the 29th day of October to Monday the 5th day of November inclusive. During that period, this and the following eases were argued and determined. 7 B. &C. 208. MORRANT V. GOTTGH 701 securities for monies, in trust for his son, T. Sandy; and that they, defendant and C. Sandy, should receive the rents, profits, and interests thereof, and apply the same for the purpose of maintaining and educating his...
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