Wrightson v Macaulay
| Jurisdiction | England & Wales |
| Judgment Date | 04 June 1845 |
| Date | 04 June 1845 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 453
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 15 L. J. Ex. 121: in Equity, 4 Hare, 487. Referred to, Lightfoot v. Maybery, [1914] A. C. 786.
[214} wrightson v. macaulay. June 4, 1845.-A testator devised real estates to his son and heir-at-law, Reginald H., for life, remainder to his first and other sons in tail, remainder to his daughters in fee; and for default of such issue, to his nephew Reginald H., for life, remainder to Richard H., son of his said nephew, for life, remainder to his first and other sons in tail; and in default of Richard's 454 WRIGHTSON V. MACAULAY 14 M. W. 21S. being alive at his father's death, or in ease of his being alive and taking an estate under the will, and dying without issue male, then to the use of the male heir , who should be in possession of the ancient estate at M., belonging to the H. family, for life, and to his first and other sons in tail; and, for default of a male heir being in possession of the ancient estate at M., or in default of issue male of such male heir, then to the use of the testator's own right heirs, being of the name of Heber, in fee.-Reginald H., the son, orijoyed the estate for life, and . died without issue; then Eeginald the nephew, and Richard, successively enjoyed it for life, and the latter died without issue ; and ut his death there was no heir of the testator existing of the name of Heber:-Held, that the ultimate limitation i in fee vested on the death of the testator, in his son and heir-at-law, Reginald H. [H. C. 15 L. J. Ex. 121 : in Equity, 4 Hare, 487. Referred to, Light/out v. Maybery, [1914] A. C. 786.] By an order of His Honour the Vice-Chancellor, Sir James Wig-ram, bearing date tho 3rd day of August, 1IS44, the following case was directed to be submitted for the opinion of the Barons of Her Majesty's Court of Exchequer : - The Rev. John Heber was, at the times of making his will and of his decease, seised in fee simple of certain freehold estates of inheritance, situate in the parish of Buckden, in the county of York. At the date of the will of the said John Heber, the manors of East and West Marton, aiid: divers estates in the parish of Marton, which for a great number of years had bean in the possession of the elder branch of the Heber family, were then vested in Elizabeth Heber for life, with remainder to the testator's nephew, Reginald Heber, (the father of the defendant, Mary Macaulay), for life, with remainder to bis first arid other sons successively in tail male, with (livers remainders over; and this property is described by the Rev. John Heber, in his will, as the ancient estate at Marton, belonging to the Heber family. The Rev. John Heber duly signed and published his last will and testament in writing, bearing date the 26th day of June, 1775, which was executed and attested in the manner then required by law for rendering valid devises of freehold estates; and thereby (amongst other things) he gave and devised all his freehold messuages, lands, tenements, and hereditaments, with their appurtenances, situ-[215]-ate and beiag at Marton, Buckden, and elsewhere, which he then was or thereafter should or might be aeised of, with their appurtenances, to the Honourable Sir George Cayley, Bart., Reginald Heber, his nephew, and Cuthbert Allansoii, and the survivors and survivor of them, and the heirs of such survivor, to the use of his son Reginald Heher, and! his assigns, for and during the term of his natural life, without impeachment of or Ijor any manner of waste; and from and after the determination of that estate, to the use of them the said Sir George Cayley, Reginald Heber hia nephew, and Cuthbert Altansan, their heirs and assigns, for and during the natural life of his said son Reginald, [upon trust to support contingent remainders] ; and from and after the decease of his said son Reginald Heber, then to the use and behoof of the first son of the body of the: said Reginald Heber his son, on the body of Mary his then wife, or any thereafter taken wife, to be begotten, and the heirs male of the body of such first son lawfully issuing; and for default of such issue, to the second, third, fourth, fifth, sixth, seventh, and all and every other son and sons of the body of his said son Reginald, on the body of his then present, or any other after-taken wife, to be begotten severally, successively, and in remainder, [in tail male]; and for default of such issue, to the use and behoof of such of the daughter and daughters, if more than one, of the body of the said Reginald Heber on the body of the saM Mary his then wife, or of any thereafter taken wife, to be begotten, as should be living at the time of his decease, or should be born in due time afterwards, and the heirs and assigns of such daughter and daughters respectively, if more than one, as tenants in common; and in default of such issue, male and female, of the body of his said son on the body of his then prepent or any thereafter taken wife, begotten or to be begotten, then to the use and bebjoof of his said [216] nephew Reginald Heber, and his assigns, for and during the terfa of his natural life, without impeachment of or for any manner of waste; and frotn and after the determination of that estate, to the use of them the said Sir George Cayley, Reginald Heber his nephew, and Cuthbert Allanson, their heirs and assigns, for and during the natural life of his said nephew Reginald Heber, [upon trust to UM.4W.a7. WBIGHT8ON V. MACA.ULAV 455 support contingent remainders]; and after the decease of his said nephew Reginald Heber, then to the use arid behoof of .Richard Heber, son of the said Beginald Heber, his nephew, if he should be living at his father's decease, for and during the term of his natural life, without impeachment of waste; and after the determination of that estate, to the use of them the said Sir George Cayley, Eeginakl Heber his nephew, and Cuthbert Allarisori, their heirs and assigns, for and during the natural life of the said Richard Heber, son of his said nephew, [upon trust to support contingent remainders] ; and from and after the decease of the said Richard Heber, the son of his said nephew Reginald Heber, then to and for the use of the first son of the body of the said Richard Heber lawfully to be begotten, and the heirs male of the body of such first son lawfully issuing; and for default of such issue, to the second, third, fourth, fifth, sixth, seventh, and all and every son and sons of the body of the said Richard Heber, to be lawfully begotten [successively in tail male]; and in default of the said Richard Heber being alive at the time of his father's decease, or in case of his being alive, and taking an estate for life by virtue of his said will, and dying without issue male of his body as aforesaid, then to the uso and behoof of the male heir of who should be in possession of, and lawfully entitled for the time being unto the ancient estate at Marton, belonging to the Heber family, and the assigns of such male heir as last aforesaid, for and during the term of his natural life, without impeachment of waste; and from and after the [217] determination of that estate, to the use of them the said Sir George Cayley, Reginald Heber his nephew, and Cuthbert Allanson, and their heirs, and the survivor of them and his heirs, for and during the natural life of such male heir as last aforesaid, [upon trust to support contingent remainders]; and from and after his decease, then to the...
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