Wynne v Fletcher
| Jurisdiction | England & Wales |
| Judgment Date | 16 July 1857 |
| Date | 16 July 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 423
ROLLS COURT
[430] wynne v. fletcher. July 16, 1857. A. clause of forfeiture in case of the devisee not making the mansion-house " his usual and common place of abode and residence," is not void for uncertainty. A testatrix devised an estate to A. for life, with divers remainders over. She provided that A., and every other person who should by her will " become possessed or entitled " to the estate, should make and use the mansion-house as his " usual common place of abode and residence," and keep the same and the garden and desmesne lands thereto belonging in a suitable and proper state of repair, condition and cultivation. And in case A., or any other person who should be so possessed or entitled, should refuse or neglect to reside at and make use of the mansion-house as his common place of abode and residence, or should wilfully suffer the same to fall into decay, or should convert or alter the garden or demesne lands to other purposes than those for which the same were then used and occupied, unless with the express consent of his trustees, then the limitation in his favour should cease. Held, that the trustees could not dispense with the condition as regarded residence, their power being limited to the case of an alteration of the garden and demesne lands. Whether, under such a condition, upon a forfeiture happening, the person next in remainder is bound to enter and reside, or can waive the forfeiture without himself forfeiting his own estate, qucere. This was a special case which stated as follows :- Elizabeth Giffard, by her will, dated the 17th clay of January 1837, devised her residence called Nerquis Hall, and all her messuages, tenements and hereditaments, and other her estate, in the county of Flint, usually called the Nerquis estate, unto 424 WYNNE V. FLETCHER MBEAV.431. Frederick Charles Phillips (deceased), Philip Humberston (deceased), and the Defendant Philip Stapleton Humberston, their heirs and assigns, upon the trusts therein mentioned for the payment of the interest on certain debts, charges arid expenses, and subject thereto, she devised her said estate of Nerquis Hall, and other estates to the use of the Plaintiff Lloyd Wynne for life, without impeachment of waste as to the estates in general, but impeachable of waste as to Nerquis Hall, buildings, gardens and demesne, with remainder to the use of the trustees and their heirs during the life of the Plaintiff Lloyd Wynne...
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