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![handle is hein.slavery/ssactsengr0243 and id is 1 raw text is: NEW CASES in the COURT of COMMON PLEAS,
and Other Courts. By PEREGRINE BINGHAM,
of the Middle Temple, Esq. Barrister at Law.
Vol. IV. From Michaelmas Term, 1 VICTORIA,
1837, to Trinity Term, 1 VICTORIA, 1838, both
inclusive. London, 1838.
[1] NEiW CASES IN THE COURT OF COMMION PLEAS, AND OTHER COURTS.
MICHAELMAS TERM, IN THE FIRST YEAR OF THE REIGN OF VICTORIA.
The Judges who sat in Bane during this Term were Tindal C. J., Bosanquet J.,
Vaughan J., Coltman J.
MARGARET STODDART DOUGLAS V. CONGREVE AND OTHERS. May 26, 1837.
[S. C. 5 Scott, 223; 7 L. J. C. P. 43. See amended certificate, 5 Bing. (N. C.) 318.
S. C. in Chancery, 1 Keen, 410; 48 E. R. 364 (with note); 1 Beav. 59.]
Devise of lands to M. S. for life; with the use of household goods, &c. ; remainder to
J. S. for life; remainder to the use of the heirs of the body of M. S. in tail;
remainder over in succession to divers persons for life, and to the heirs of their
bodies respectively in tail; the aforesaid limitations to be in strict settlement: Held,
that M. S. took an estate tail.
By order of the Master of the Rolls, the following case was submitted for the
opinion of this Court:-
George Douglas, being seised in fee of certain lands and tenements in Kent, by
his last will and testament in writing, bearing date the 12th of March 1831, and
properly executed and attested to pass real estates, after directing all his just debts
to be fully paid and satisfied, [2] continued his said will in the words following:-
I give and bequeath unto Mrs. Margaret Stoddart, wife of James Douglas Stoddart,
now residing with me, fifty thousand pounds, 3 per cent. consolidated annuities, to be
transferred within six months after my decease to her, or as she shall direct, for her
own sole and separate use, independent of her husband: and I give, devise, and
bequeath all my manors, messuages, farms, lands, tithes, tenements, and hereditaments,
at Chilston and elsewhere, in the county of Kent, with every of their rights, members,
and appurtenances, together with the use of all my household goods, plate, linen,
horses, and other cattle, and all my farming and gardening live and dead stock,
implements, and utensils, used in and about my said estates, unto the said Margaret
Stoddart, for and during the term of her natural life, for her independent use and
benefit: and from and after her decease I give, devise, and bequeath all and every
my said manors, messuages, farms, lands, tithes, tenements, hereditaments, and
premises, with the goods and chattels therein and thereon as aforesaid, unto and to
the use of the said James Douglas Stoddart for his natural life; with remainder to
the use of the heirs of the body of the said Margaret Stoddart in tail; with remainder
to the use of my nephew, the Rev. Alexander Houstoun, for his natural life;
with remainder to the use of the heirs of his body in tail; with remainder to the use
of my niece, Elizabeth Houstoun, for her natural life; with remainder to the use of the
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