Jee v. Audley

1 Cox 324, 29 Eng. Rep. 1186 (1787)

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Jee v. Audley

England and Wales Court of Chancery
1 Cox 324, 29 Eng. Rep. 1186 (1787)

Jee v. Audley

Facts

Edward Audley (defendant) had a will that left the interest on £1,000 to his wife during her lifetime. After the wife’s death, the £1,000 would go to Audley’s niece “Mary Hall and the issue of her body lawfully begotten, and to be begotten,” which meant to Hall and any current or future children and descendants that Hall might have. The will then said that “in default of such issue,” meaning whenever no more issue existed, then the £1,000 would be divided equally between the “daughters then living” of John and Elizabeth Jee. When Audley died, his wife had died, Hall was 40 years old with no children, and the Jees were 70 years old with four daughters. The Jees’ daughters (plaintiffs) sued to have the £1,000 secured for their benefit in case Mary Hall died without issue.

Rule of Law

Issue

Holding and Reasoning (Kenyon, J.)

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