REPORTS OF CASES heard in the House of Lords upon Appeals or Writs of Error, and decided during the Session, 1820. By Richard Bligh, Barrister-at-Law. Vol. II.
ENGLAND.
Writ of Error from the Court of King's Bench between
RICHARD JESSON, JOSEPH HATELY, WILLIAM WHITEHOUSE, JOSEPH WALTON, EDWARD DANGERFIELD, the elder, and THOMAS DANGERFIELD,—Plaintiffs in Error; and JOHN DOE, on the several demises of EZEKIEL WRIGHT, JOHN WRIGHT, THOMAS WRIGHT, GEO. WRIGHT, ISAAC WRIGHT, WILLIAM WRIGHT, the younger, LUCY WRIGHT, MARY WRIGHT, DANIEL WRIGHT, ELIZABETH MOSLEY, and THOMAS STOKES—Defendants in Error [16th June, 1820].
[Mews' Dig. xii, 1112, 1127. Discussed and followed in Doe d. Atkinson v. Featherstone, 1831, 1 B. and Ad. 944; Roddy v. Fitzgerald, 1868, 6 H. L. C. 823. And see Shelley's case, 1579–1581. 1 Rep. 93 b.; Allgood v. Blake, 1872, L.R. 7 Ex. 339, 353: affirmed; L.R. & Ex. 160; Hampton v. Holman, 1877. 5. Ch. D. 183, 191; Bowen v. Lewis, 1884, 9 A. C. 890, 917; Yan Grutten v. Foxwell (1897), A. C. 658, and Pelham Clinton v. Duke of Newcastle, 1900, 49 W. R. 12.]
[2] DEVISE.—TO W. (a natural son of the testator's sister) for life, and after his decease to the heirs of his body in such shares and proportions as W. by deed, etc. shall appoint; and for want of such appointment to the heirs of the body of W. share and share alike as tenants in common; and if but one child the whole to such only child, and for want of such issue to the heirs of devisor. Held—that an estate tail vested in William by this devise.
The rule is, that technical words shall have their legal effect, unless from subsequent inconsistent words it is clear that the testator meant otherwise.
Semble—that under such power an appointment to an only child, before others born, is effectual.
Whether a power, under which all children have an interest, can be destroyed by forfeiture. Quaere.
Doe v. Goff, 11 East, 668, held not to be law.
This was an ejectment brought in the Court of King's Bench against the Plaintiff in Error, to recover the possession of tenements in the county of Stafford.
This cause came on to be tried at the assises for the county of Stafford, holden at Stafford, on the 16th day of March, 1815, before the Honourable Mr. Justice Dallas, when the jury, by the consent of the parties, found a special verdict.
The special verdict states,
That one Ezekiel Persehouse, being seized in fee of the premises set forth in the declaration, made and published his last will in writing, on the 24th of April, 1773, executed and attested as the law requires, for passing real estates by devise, and that thereby, among other things, he gave and devised [8] the premises in the declaration mentioned, with the appurtenances, in the words following: