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Idle V Cook

In the case of Idle v Cook, the High Court of Chancery addressed whether the surrender granted to Valentine and Alice constituted a fee simple estate or an estate tail. The court determined that the language used indicated an intention to grant a fee simple estate, interpreting the phrase 'for default of such issue' as a contingency for reversion rather than a limitation. This ruling underscores the importance of specific language in property conveyances, particularly in copyhold land cases.

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218 views1 page

Idle V Cook

In the case of Idle v Cook, the High Court of Chancery addressed whether the surrender granted to Valentine and Alice constituted a fee simple estate or an estate tail. The court determined that the language used indicated an intention to grant a fee simple estate, interpreting the phrase 'for default of such issue' as a contingency for reversion rather than a limitation. This ruling underscores the importance of specific language in property conveyances, particularly in copyhold land cases.

Uploaded by

anonymous.0055
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Idle v cook

Parties: plaintiff & defendant


Procedural history: High Court of Chancery
Issue: Whether the language of the surrender granted Valentine and Alice a fee simple estate or
an estate tail?
Brief facts:
Zachariah Cliff, the original owner, surrendered his copyhold lands for the use of himself for
life. Upon his death, the lands were to pass to his son, Valentine Cliff, and Valentine's wife,
Alice, "for and during the term of their natural lives, and to the heirs and assigns of the said
Valentine and Alice." In default of such issue, the property was to revert to Zachariah's right
heirs. After Zachariah's death, Valentine and Alice were admitted to the property. The legal
question arose regarding the nature of the estate granted to Valentine and Alice: whether they
held a fee simple estate or an estate tail.
Holding: The court held that the surrender conveyed a fee simple estate to Valentine and Alice.

Reasoning: The court reasoned that the words "heirs and assigns" indicated an intention to grant
a fee simple estate. The phrase "for default of such issue" was interpreted not to limit the estate
to an estate tail but rather to provide a contingency for reversion in the absence of heirs. The
court emphasized that in property conveyances, especially involving copyhold land, the specific
language used is crucial in determining the nature of the estate granted.

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