Wild's Case
1599 · 6 Co Rep 16b
Posted By lanbuk.com
- Facts
- The rule comes from a devise to a person 'and his children'. The court distinguished the case where the devisee had children when the will was made from the case where he had none.
- Issue
- What estate passes under a devise to A and his children?
- Held
- If A has no child at the date of the will, A takes an . If A has children then, A and those children take together, and 'children' is a word of purchase.
- Principle
- Under a devise to a person and his children, the estate depends on whether any child is alive when the will is made.
- Why it matters
- Sierra Leone has applied the rule in King v Williams, May v Williams, Sawyer v Rose, George v George, Harris v Nicol and Harding v Harris.
Words and Latin in this note
- Fee tail
- An inheritable estate cut down to a line of descendants, from feodum talliatum, a fee that has been cut. On failure of that line the land goes back. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.