Warburton v Warburton
| Jurisdiction | England & Wales |
| Judgment Date | 13 May 1701 |
| Date | 13 May 1701 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 869
LORD KEEPER.
[420] de terming pasch^;, 1701, in curia cancellarij:. Case 383.-warburton versus warburton. Lord Keeper. May 13 [1701]. [1] Eq. Ca. Ab. 345, pi. 13, S. C. Where a term is limited to raise portions for younger children by rents and profits, the heir may have the portions raised by a sale, though the younger children oppose it, as well as he may insist on a sale if he think fit. Upon rehearing of this cause,(l) the first question was, whether the younger children's portions should be raised by sale, or only out of rents and profits, as the 870 CITY OF LONDON V. RICHMOND 2 VEEN. 421. same should arise. By the settlement a term of ninety-nine years was lodged in trustees for raising the portions of the younger children by rents, issues and profits ; and subject to the term, the estate was limited to the plaintiff the eldest son for life, and to his first and other sons in tail, with other remainders over ; and in the mean time only 40 per arm. limited to the plaintiff for his maintenance. The defendants the younger children insisted that their portions might be raised by annual rents and profits, and the plaintiff the heir confined in the mean time to his allowance of 40 per ann. The heir insisted that the portions should be raised by a sale, that he might thereby be let into the immediate possession of the residue of the estate. [421] The Lord Keeper confirmed the former decree; for as the younger children might have compelled a sale ; so in this case it being for the benefit of the heir to have a sale made, he might justly insist thereon, although the younger children opposed it; they opposing the same not for their own benefit, but in prejudice to the heir.(2) The second point was, that the personal estate, and 400 to be raised out of the trust-estate...
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Heir and Ancestor
...the Lands were decreed to be sold, though no Executor named, or though he died before any Sale made. And vide Warburton v. Warburton, 2 Vern. 420, where it is resolved, that the Heir may have the Lands sold, if it appears for his Advantage, as well as the younger Children rnay insist upon a......
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Power
...looking upon him as standing most in Need thereof ; which Decree was affirmed in the House of Lords. Pasch. 1701, Warburton and Warburton, 2 Vern. 420. (S. C. but not S. P. 2 Eq. Ca. Abr. 654.) 14. If a Man makes a Settlement of his Estate on his eldest Son in Tail, with a Power by Deed or ......
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Portions
...constant Construction in the like Cases. And 2 Chan. Cases, 205, Lingen and Holey, and 1 Chan. Cases, 176 (vide Free, in Chan. 586, and 2 Vern. 420), Warberton and Warberton, were cited. And it was insisted, that here was a certain Time appointed for Payment of the Portions, and that implie......
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Edmund Okeden, Plaintiff; (1) and Peter Walter, John Bond, William Okeden, Johngould and Mary his Wife, Conyers Place the Younger, Clerk, and Magdalen, his Wife, and William Okeden, an Infant, the Son of the Plaintiff, Defendants
...Askham, 2 Vern. 26. Sheldon v. Dormer, 2 Vern. 310; and Sir 7. Talbot v. Duke of Shrewsbury, Prec. in Gh. 394, and Warburton v. Warburton, 2 Vern. 420.Mr. Noel, and Mr. Floyer, for the defendants Mary Gould and Jane Pace, who were entitled to the reversion in fee, contended that the charges......