EARL BROWNLOW, THE HONOURABLE CHARLES

HENRY EGERTON, WILBRAHAM EGERTON, W. Respondents. TATTON EGERTON, and others,

Contingent and Vested Interests.

Condition precedent or subsequent.

Public Policy. Peerage. Practice.

A contingent gift or interest has a real existence, capable, as much as a vested interest or estate, of being operated upon by a condition subsequent, and being made to cease and become void.

The Earl of Bridgewater by his will devised very large real estates to trustees to make a settlement according to the limitations mentioned in the will. One of these limitations was "to Lord Alford for and during the term of ninety-nine years, if he shall so long live"; remainder to trustees during his life to preserve contingent remainders; "remainder to the use of the heirs male of his body, with remainder, in default of such issue, to the use of C. H. C. for the term of ninety-nine years, if he shall so long live"; remainder to trustees to preserve contingent remainders; "remainder to the use of the heirs male of the body of C. H. C., subject, nevertheless, as to the several uses and estates so to be limited to Lord Alford and C. H. C., and to the trustees during their respective lives, and to the heirs male of their respective bodies, to the several provisos for the determination thereof hereinafter contained." The testator then declared "that in the settlement to be made pursuant *2 [1]

VOL. IV.

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