The Law Reports: Lucy Draper married Daniel Pearce Sept 1832
(Court case for land left in will)
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The Law Reports
-By Great Britain Court of Chancery, George Wirgman Hemming
London: Printed for the Incorporated Council of Duty Reporting for
England and Wales.
Page 106-112 (names quoted in 2nd paragraph).
You may view of any of these records in full at
The Law Reports, By Great Britain Court of Chancery, George Wirgman Hemming
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DEMURRER Thomas DRAPER who died in March 1832 by will in January 1831 after directing the conversion and investment of his personal estate and bequeathing the same to trustees devised and bequeathed all his freehold and leasehold hereditaments and premises unto the same trustees and the survivor of them and the heirs executors and administrators of such survivor and directed that bis trustees and the survivor of them and the heirs executors and administrators of such survivor should stand seised and possessed of and interested in all and singular his freehold and leasehold estates stocks and funds and the rents issues and profits thereof and the income of his personal estate upon trust in the first place to pay to or otherwise permit and suffer my dear daughters Ann DRAPER and Lucy DRAPER to have take receive and enjoy the same in equal shares and proportions to and for their and each of their own proper use and benefit in equal parts shares and proportions as tenants in common and not as joint tenants for and during the term of their own respective natural lives wholly independent of the control management or interference in anywise howsoever of any husband or husbands with whom they or either of them may happen to intermarry and without the same being in anywise subject or liable to the debts liabilities or engagements of their or either of their said husbands and from and after tlie respective decease of my said daughters I do hereby further will order declare and direct that they my said trustees and the survivor of them and the heirs executors or administrators of such survivor shall stand seised possessed of and interested in all and singular the said freehold and leasehold estates trusts stocks funds and securities and the rents dividends and proceeds thereof upon trust to convey and assure assign pay and transfer the whole thereof unto and equally between the respective husbands of them my said daughters to hold to them respectively and their respective heirs executors administrators and assigns according to the several natures and qualities thereof respectively provided always that if either of my said daughters shall happen to depart this life unmarried then and in such case the share of such daughter in and to my aforesaid trust estate and premises stocks and funds and securities shall accrue and belong to the survivor of them my said daughters and be taken and enjoyed by her for her life in like manner as is before directed with respect to her original share and on her decease the whole shall devolve to and shall be conveyed and assured assigned and transferred to the husband of my said surviving daughter as is hereinbefore directed with regard to her said original share. Ann DRAPER married William RADFORD in 1831 in his lifetime in February 1868 and Lucy DRAPER married Daniel PEARCE in September 1832 Daniel PEARCE who died in March 1868 by his will in April 1833 after reciting that under and by the will of Thomas DRAPER he was entitled as the husband of Lucy PEARCE to one moiety absolutely of and in all the real estate and residue of the personal estate of Thomas DRAPER devised and bequeathed unto Lucy PEARCE all his estate right title and demand to which he was entitled either in possession reversion remainder or expectancy under or by virtue of the will of Thomas DRAPER to bold the same unto Lucy PEARCE her heirs executors and administrators absolutely William RADFORD who died in April 1869 by his will in July 1868 after reciting that he was possessed of certain freehold and leasehold property jointly with Lucy PEARCE declared it to be his wish that the same should remain in its then state of investment and gave the rents to his sons equally until the property should be sold He directed his trustees to join in any conveyance and disposed of the proceeds amongst his sons In January 1871 three lots of this property were sold by auction to the Defendant Thomas Willis and he after receiving an abstract of title raised an objection that Daniel PEARCE was not entitled to an absolute estate in fee in remainder expectant on the decease of Lucy PEARCE in a moiety of this property but that such moiety would either vest solely in the person if any who at the decease of Lucy PEARCE should be her husband or in such person jointly with Daniel PEARCE and declined to complete his purchase The Plaintiffs the vendors the trustees of the will of William RADFORD and Lucy PEARCE prayed for a declaration that according to the true construction of Thomas DRAPER's will one moiety of the property vested in Daniel PEARCE for an absolute estate in fee in remainder expectant on the death of Lucy PEARCE and that the Defendant might be decreed specifically to perform his agreement on the footing of the above declaration and ordered to pay the costs of the suit. The Defendant demurred. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To read the balance of this case go to the following link, on Google Books. The Law Reports By Great Britain Court of Chancery, George Wirgman Hemming |
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