William House's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 32
IN THE COURT OF WARDS.
case 3. southby's case. In the Court of Wards. By the equity of the 32 Hen. 8. c. 1. if land be settled to the mother for life, remainder to the father for life, remainder to the heirs of his body, with reversion to the son in fee, the lord shall have the wardship of the heir within age, and not his mother. Dyer, 172. 237. 9 Co. 126. Co. Lit. 84. 6 Co. 22. Moor, 738. This case was moved before Pophatn, Chief Justice of the King's Bench, Anderson, Chief Justice of the Common Pleas, and Fleming, Chief Baron, assistants of the Court of Wards. One Eobert Southby seised in fee of land holden in capite of the annual value of one hundred pounds, in consideration of the marriage of Marmaduke his third sou with Isabel Newton, conveys part thereof, to the value of ten pounds per annum, to the use of Isabel the wife of his son for life, remainder to the said Marmaduke his son for life, remainder to the heirs of the body of the said Marmaduke, remainder to (a) Clark v. Gilbert, Hob. 331. CRO.JAC.41. MICHAELMAS TERM, 2 JAC. 1. IN C. W. 33 the right heirs of the said Marmaduke the son. Afterward Robert Southby the father died seised of the residue; and his son sued livery; atid afterwards Marmaduke the son died, Isabel his feme survived him, his son being within age. The question was, whether he shall be in ward for his body, living the mother, tenant for life 1 It was resolved by them, and by Pepper the surveyor, and Heskot the attorney, that he shall be in ward, by the equity of the statute of 32 Hen. 8. c. 1. (a)-Where two purchase to them and the heirs of the one, and he who hath the inheritance dies, his heir shall be in ward. So where the limitation is to the one for life, and the remainder to another in fee, he shall be in ward by the equity of this statute. And Popham said, it was so resolved in the case of one Wiseman.
English Reports Citation: 79 E.R. 33
IN THE COURT OF WARDS.
case 5. william house's case. In the Court of Wards. A variance betweeti a melius inquirendum and the original inquisition of office, will not bar the title of the King, if the variance be immaterial. 2 Vezey, 555. Cowp. 178. 229. 1 Term Rep. 237. 240. See the Year Book, 2 Hen. 7. pi. At the same time, where a mandamus issued after the death of William House, for that it was found that he died seised in fee of such lands in N. sed de quo vel de quiltua tenentur, &c...
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