Page:The English Reports v1 1900.pdf/1328

This page has been proofread, but needs to be validated.
III BROWN.
CHAPMAN v. BROWN [1767]

death. And by this construction, none of those dangers could arise, which prevent the effect of executory devises; nor was any rule of law broken.

After hearing counsel on this appeal, it was ordered, and adjudged, that the same should be dismissed; and the decree therein complained of, affirmed. And it was further ordered, that the appellants should pay to the respondents, £60 of lawful money of Great Britain, for their costs in respect of the said appeal. (Jour. vol. 31. p. 80.)



[269] Case 45.—Cornelius Chapman, and Others,—Plaintiffs; Margaret Brown, Widow, and Others,—Defendants (in Error) [24th February 1767].

[See Mews' Dig. x. 1029.]

[Devise to W. the first son of the testator's brother R. for life, remainder to the first and other sons of W. in tail male; remainder to the second son of R. for life, remainder to the first son of such second son, and to the heirs male of the body of such second son, remainders over. The first son of R. died without issue male; whereupon the second son entered, and suffered a recovery. Held, that the second son took an estate tail under the testator's will.]

3 Burr. 1626.

In Michaelmas term 1763, an ejectment was brought by Richard Oliver, Gent. and Isabella his wife, Thomas Battersbee, and John Cooke, in the Court of King's Bench, in the name of Cornelius Chapman, against Margaret Brown, widow, and the other defendants in error, for divers messuages and hereditaments in Manchester, in the county of Lancaster, on the several demises of the said Richard Oliver and Isabella his wife, and of the said Thomas Battersbee and John Cooke,

The defendants having pleaded to the ejectment, the cause was tried at the assizes holden at Lancaster, on the 19th of March 1764; when a special verdict was found on the demise made by Richard Oliver and his wife, to the effect following:

That Joshua Brown, being seised in fee of the premises in question, on the 4th of May 1694, made his will, and thereby devised them in the words following:

Item, I do hereby give and devise unto my loving wife Ann Brown, and her assigns, my several messages, burgages, and tenements, with their and every of their appurtenances, situate, lying, and being in Manchester aforesaid, in or near a certain place there called Plungeon Field, and now in the several possessions of George Walker, William Higginson, Robert Park, and Mary Rycroft, together with the two new houses, or messuages, next adjoining to the messuage now in the possession of the said Mary Rycroft, for and during the term of the natural life of my said loving wife, and in lieu and full satisfaction of her dower, and title of dower, of, in, and unto all my real estates. Item, It is my will and mind, and I do hereby give and devise all and singular other my messuages, burgages, chapel, and other my inheritances whatsoever, with their and every of their appurtenances, standing, lying, and being in Manchester aforesaid, (not before hereby devised,) to my said wife, for her life as aforesaid, in whose tenures and possessions soever the same now are and be, together with the said messuages and burgages devised as aforesaid, to my said wife; and from and after the death of her my said wife, unto my dear and loving brother Thomas Brown, for and during and until such time as William Brown, eldest son of my brother Reginald Brown, shall or may attain the age of 24 years; and from and after the said William Brown shall attain the said age of 24 years, I give and devise [270] all the said messuages, burgages, chapel, lands, and hereditaments, with the appurtenances so as aforesaid devised to my said brother Thomas, unto my said nephew William Brown, and his assigns, for and during the term of his natural life; and from and after the death of the said William Brown, then to the first son of the body of the said William Brown, lawfully begotten or to be begotten, and to the heirs male of the body of such first son lawfully to be begotten; and for want of such issue, then to the second, third, fourth, fifth, and every other son and sons of the said William Brown, according to their seniority, lawfully begotten, or to be begotten; and to the heirs males of the body of such second, third, fourth, fifth, and other son and sons of

1312