A. devises lands to his sister B. and C. and their heirs and assigns, upon trust, that until his grand-daughter D. should marry or die, to receive the profits, and thereout to pay her andpound;100 a year for her maintenance : the residue to pay debts and legacies.
After payment thereof, in trust for the said D. and upon further trust, that if she lived to marry a protestant of the church of England, and at the time of such marriage be of the age of twenty-one or upwards, or if under that age, such marriage be with the consent of the said B. then to convey, with all convenient speed, after such marriage, to the use of the said D. for life, sans waste voluntary waste in houses excepted ; remainder to her husband for life ; remainder to the issue of her body, with remainders over ; and upon further trust, that if the said D. die unmarried, then to the use of B. for life ; remainder to the son of his other granddaughter E. in tail ; remainder to the defendant C. remainder to his first and other sons ; remainder to A’s right heirs ; and upon further trust, that if D. marry not according to the will, then upon such marriage to convey to trustees, as to one moiety to the use of D. for life, then to trustees to preserve contingent remainders : remainder to her first and every other son, being a protestant with remainders over ; and as to the other moiety, to the son of his daughter E. in like manner. A. dies, D. attains her full age ; and upon a treaty of marriage with F. applies to B. and C. for a conveyance to herself for life ; remainder to her intended husband for life ; remainder to the issue of her body : B. executes such conveyance, but G. refuses ; D. suffers a recovery of the whole to the use of herself in fee, and then marries P. who made a considerable settlement upon her ; she covenants to settle her estate upon husband and wife ; remainder to the first, andc., sons in tail : remainder to survivor of husband and wife in fee. They bring a bill to compel C. to convey, andc, decreed (not an estate tail to D) but an estate for life sans waste, ut supra, as being the intent of A upon the will with remainders over in strict settlement.
Citations:
[1733] EngR 60, (1733) Cas T Talbot 3, (1733) 25 ER 628
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Updated: 05 May 2022; Ref: scu.387009