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GREY v. MONTAGU [1770]
III BROWN.

Case 49.—George Grey, and Others,—Appellants; Edward Montagu, and Others,—Respondents [21st November 1770].

[Mews' Dig. xv. 1012. S. C. 2 Eden 205.]

[No personal property can be limited on so remote a contingency as the death of a person dying without issue generally. E. R. by will appointed a sum of £3000 to several persons in different proportions, upon the death of her son without issue, or without making any disposition by will or deed. The son survived his mother, but died without issue, and without making any disposition by will or deed. On a bill filed by the several parties to recover their shares of this legacy, it was held, that the gift over depending on the son's dying without issue generally, was, by the known rules of law and equity, too remote to take place, and therefore void.]

By indentures of lease and release of the 11th and 12th of October 1713, made between John Rogers, Esq. of the one part, and Elizabeth Rogers, widow, of the other part, the release reciting, that a marriage was intended to be had, between the said John Rogers and Ann Delaval, daughter of Sir John Delaval, Bart. and that the said Sir John Delaval had secured, by the conveyance of a real estate, the sum of £8000 to be paid to the said [315] John Rogers, after the death of the said Sir John Delaval, as a marriage portion with his said daughter; the said John Rogers, as well in consideration of 5s, as in consideration that the said Elizabeth Rogers had released and assigned to him and his heirs, the manor of Rowchester, and several lands and tenements in Rowchester in the county of Northumberland, of the yearly value of £260 settled upon her by her late husband, the father of the said John Rogers, for her jointure; and also in consideration of other messuages, lands, tenements, and hereditaments, conveyed by the said Elizabeth Rogers, either to the said John Rogers and his heirs, or to such person or persons as he did appoint; conveyed the several messuages, lands, tenements, and hereditaments, which the said Sir John Delaval had mortgaged to him, for securing the sum of £8000 the portion of the said Ann, and also the manor of East Denton, and all the messuages, lands, tenements, and hereditaments, of the said John Rogers, in East Denton and West Denton, and several messuages or tenements, and a close or field in the town of Newcastle upon Tyne, in the said county of Northumberland, to the use of the said Elizabeth Rogers and her heirs; subject to a proviso, that if the said John Rogers, his heirs, executors, or administrators, should pay to the said Elizabeth Rogers, for and during the term of her natural life, the yearly sum of #410, and should also pay the sum of £3000 to such person or persons, and at such time and place, and in such manner as the said Elizabeth Rogers, by her last will and testament in writing, attested by two or more credible witnesses, should order and appoint the same; that then the said conveyance, and every thing therein contained, should cease and be void. Elizabeth Rogers having only one child, namely, the said John Rogers, made her will, dated the 15th of December 1733, whereby she gave several pecuniary and specific legacies, and then proceeded in the following words:

I give to my dear and only son, when my just debts are paid, and the legacies and funeral expences above discharged, all my real and personal estate, and also my plate, linen, bedding, and all utensils in my house, in Newcastle and Denton, and hereby appoint him sole executor of this my last will and testament. And whereas, by indentures, of lease and release, the release bearing date on or about the 12th day of October 1713, and made, or mentioned to be made, between my son John Rogers of the one part, and me the said Elizabeth Rogers of the other part; all that the manor, messuages, lands, tenements, and hereditaments therein mentioned, are conveyed unto me and my heirs, subject to a proviso, or condition, to be void upon the payment of the annual sum therein mentioned to me, and also upon the payment of the sum of £3000 of lawful British money, to such person or persons, and at such time and place, and in such manner as I the said Elizabeth Rogers, by my last will and testament in writing, attested by two or more credible witnesses, shall order, [316] or appoint. Now I the said Elizabeth Rogers, by this my last will and testament, do hereby appoint and order, that upon the death of my said son without issue, or in case my said son does not

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