Page:The English Reports v1 1900.pdf/1421

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AMBROSE v. HODGSON [1781]
III BROWN.

Case 57.—John Ambrose,—Appellant; Robert Hodgson, and Others,—Respondents [14th February 1781].

[Mews' Dig. xii. 1102; xv. 1604; see 1 Vict. c. 26, s. 32.]

[A. devises lands to her sister B. for life, remainder to trustees to preserve, etc. remainder to the heirs of the body of B. remainder to her other sister C. for life, with remainder to trustees to preserve, etc. remainder to the heirs of the body of C. remainders over. B. died in the testatrix's life-time. C. suffered a recovery, and then contracted to sell the estate. On a bill filed by C. against the purchasor, it was held, that B. would have taken an estate tail in the premises if she had survived the testatrix, and that having left an only daughter, C. could make no title, and therefore the bill was dismissed.—When the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee, or in tail, the word [heir] in such case, is always taken as a word of limitation, and not of purchase.]

Susan Jolland, of Cambridge, spinster, being seised in fee of divers freehold estates in the county of Essex, did, by her last will in writing, duly executed and attested, so as to pass real estate, bearing date the 21st of August 1775, give and devise the same in the following words:

I give and devise unto the Reverend William Arnold, Master of Arts, and Isaac Pennington, Esq. both fellows of St. John's college, in the university of Cambridge, and their heirs, all that my manor of Hamstalls, in the parish of Wix, in the said county of Essex; and also all that my other farm there called Hamstalls farm, now in the tenure or occupation of Samuel Eagle, or his assigns, at the yearly rent of £114, and all other my lands and tenements in the parish of Wix aforesaid; and also all that my other farm called the Dairy farm, situate in Little Bentley, and Frating, or one of them, in the said county of Essex, now in the tenure or occupation of Charles Crampin, and his assigns, at the yearly rent of £85; and also all that my other farm in Little Bentley aforesaid, called the Church-house farm, and now in the tenure or occupation of Joseph Nunn, or his assigns, at the yearly rent of £137; and also all that my other farm, situate in Little Bentley and Bromley, in the said county of Essex, or one of them, now in the tenure or occupation of Robert Nunn, or his assigns, at the yearly rent of £52 11s. with the lands, tenements, hereditaments, and appurtenances whatsoever, to the said last mentioned manor, farm, and premises, or any of them, belonging, or in any wise appertaining; and also all other my manors, messuages, lands, and tenements whatsoever, not herein before otherwise disposed of, with their appurtenances, [417] to hold the same unto the said William Arnold and Isaac Pennington, and their heirs, to such uses, and upon such trusts, and to and for such intents and purposes, and under and subject to such provisos and agreements, as are herein after mentioned, expressed, and declared of and concerning the same; that is to say, as to, for, and concerning the said manor and farm called Hamstalls, and premises situate in the said parish of Wix, with the appurtenances, to the use and behoof of my dear sister Elizabeth, the wife of Mr. John Belchier, and her assigns, for and during the term of her natural life and after the determination of that estate, to the use of the said William Arnold and Isaac Pennington, and their heirs, during the life of the said Elizabeth Belchier, upon trust to support and preserve the contingent uses and estates herein-after limited therein from being defeated or destroyed, and for that purpose to make entries, and bring actions, as the case shall require; but nevertheless to permit and suffer the said Elizabeth and her assigns, during her life, to receive and take the rents, issues, and profits thereof, to her and their own use and benefit; and from and after her decease, then to the use and behoof of the heirs of the body of the said Elizabeth, lawfully issuing; and for want of such issue, then to the use and behoof of my dear sister Catherine Jolland, spinster, and her assigns, for and during the term of her natural life; and from and after the determination of that estate, to the use of the said William Arnold and Isaac Pennington, and their heirs, during the life of the said

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