Egerton v Lord Brownlow; 20 Aug 1851

References: [1851] EngR 789, (1851) 1 Sim NS 464, (1851) 61 ER 180
Links: Commonlii
John WilIiam Earl of Bridgewater devised his freehold estates to trustees, in trust to convey them to the use of Lord Alford, his great-nephew, for ninety-nine years, if he should so long live ; remainder to trustees and their heirs doring the life of Lord Alford, in trust to preserve contingent remainders ; remainder to the use of the heirs male of the body of Lord Alford, with diverse remainders over: provided that, if Lord Alford should die not having acquired the title of Duke or Marquis of Bridgewater, the estate directed to be limited to the heirs male of his body should cease, and the estates should thereupon go over and be enjoyed according to the subsequent uses and limitations directed by his will. Lord Alford died leaving a son, but without having acquired the title. Held, that the proviso was valid.
This case is cited by:

  • Appeal from – Egerton -v- Earl of Brownlow HL ([1853] 4 HLC 484, [1853] 4 HLC 1, [1853] EngR 885, Commonlii, (1853) 10 ER 359)
    The House considered a challenge to the terms of a trust on the basis that it offended public policy. The House therefore considered the nature and importance of public policy.
    Held: Public policy ‘has been confounded with what may be called . .