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![handle is hein.slavery/ssactsengr0769 and id is 1 raw text is: WILLIS V. HISCOX
[197] WILLIS v. Hiscox. Aov. 16, 1838; Jan. 16, 1839.
[S. C. 4 Jur. (0. S.) 738. See Evans v. Evans [1892], 2 Ch. 186.]
)evise of real estate to trustees upon trust for the testator's son W. for life, and after
his decease, to the heir male of his body begotten of an European woman, and the
heirs of such heir male; and in case his son should die without leaving such heir
male of his body, the trustees to pay the rents equally between the testator's
daughters, M. and A., for their lives, and the whole to the survivor; and after the
decease of the survivor, upon trust for the heir male of the body of M. and the
heirs of such heir male, and in default of such heir male of her body, upon trust for
the heir male of the body of A. and the heirs of such heir male. W. and M. both
died without issue, and A. having a son, suffered a recovery of the devised estate,
and resettled it to new uses, under which a remote interest was limited to the.
surviving trustee, and died, leaving her son surviving, who thereupon filed his bill
against the surviving trustee of the will for a conveyance of the legal estate.
Decree made against the trustee, with costs: the Court holding clearly that, under the
devise, A. took a life estate only, with remainder to her son in fee.
The bill stated that William Child, by his will, duly executed and attested, devised
his freehold estate and premises, situate at Stainton Dale, to four persons, and the
survivor of them, and the heirs of such survivor, upon trust to pay the rents thereof
unto his daughter Mary Child, or her assigns, during her life, provided she continued
unmarried ; and from and after her decease or marriage, which should first happen,
upon trust for his son William Gilbert Child, or his assigns, during his life; and,
after his decease, to the heir male of his body, begotten, or to be begotten, of an
European woman, but not of a black or mulatto, and the heirs, executors, and assigns
of such heir male of his said son ; and in case his said son should die without leaving
such heir male of his body (his daughter Mary Child being either dead or married at,
that time), then upon trust that his said trustees should pay the rents of his said
freehold estates to his daughters, the said Mary Child and Ann Willis, or their
respective assigns, during their lives, in equal shares and proportions, and the whole
thereof to the survivor of his said daughters, or her assigns, during the life of such
survivor: and from and after the decease of the survivor of his said daughters, upon
trust for the heir male of the body of his said daughter Mary Child, and the heirs,
executors, and administrators of such heir male; and in default of [198) such heir
male of the body of his said daughter Mary Child, then upon trust for the heir male
of the body of his said daughter Ann Willis, and the heirs, executors, and admini-
strators of such heir male as last mentioned ; with various limitations over in case
neither of his (the testator's) daughters should leave an heir male.
The testator died in the year 1803. His son William Gilbert Child died in the
month of March 1821, and his daughter Mary Child died in the month of August
1825; both of them unmarried and without issue. Ann Willis died on the 30th of
April 1835, leaving the Plaintiff her only son and heir at law.
Upon the death of Ann Willis, the Plaintiff filed his bill against William Hiscox,
the surviving trustees under the will, stating such part of the will as has been already
set out, and alleging that as heir male of the ,body of Ann Willis, he had become, in
the events which had happened, absolutely entitled, under the trusts of the will, to
the freehold property at Stainton Dale, and praying that the Defendant might be
decreed to execute a proper conveyance to him of the legal estate therein.
The Defendant, by his answer, admitted the terms of the will so far as they were
stated in the bill, but added, among other things, that the will contained a proviso
that no part of the testator's trust estates, annuities, and stock should be liable to any
annuity or annuities granted by any heirs or heirs at law ; but that so much and such
part thereof as should be made liable to such annuity and annuities should from
thenceforth become forfeited to his nephew John Green, his heirs, executors, and
administrators, according to the nature thereof, and which the testator did thereby
devise and bequeath accordingly.
[199] The answer further stated that Ann Willis, being advised that she was
4 D1Y. & CR.'1g7.](ViewImageLocal?handle=hein.slavery/ssactsengr0769&div=1&collection=&method=preview&ext=.png&size=3)