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RefugeeProperty 8 - 08 Dec 2008 - Main.BeckyPrebble
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Political Refugees' Property
| | | The facts of _Bartie v Herenden_ WHY WON'T THIS GO ITALIC?? I AM FRUSTRATED. | |
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< | Factually, Bartie v Herenden is relatively straightforward. Katherine Willoughby, the Duchess of Suffolk, was a Protestant reformer. After the Catholic Queen Mary became queen in 1553, the Duchess's position was suddenly very precarious. In 1555 she escaped to Poland with her husband, Richard Bertie, and their children. She conveyed some of her land to Walter Herenden, her lawyer, with the words of the instrument being "to the only use and behove of the seid Walter Herenden and of his heyres". The conveyance therefore took the form "to A to the use of A";. Since this conveyance was after the passage of the Statute of Uses, the use immediately executed and the result was a direct transfer of the fee simple to Herenden. As Baker points out in J.H. Baker, The Use upon a Use in Equity, 93(1) LQR 33, 34 (1977) (pdf attached), "Nothing more could have been done at common law to vest the fee simple beneficially in Herenden." However, there was more to this conveyance than met the eye: the unwritten condition was that Herenden would convey the Duchess's land back to her when it became safe for her to return to England. | >
> | Factually, Bartie v Herenden is relatively straightforward. Katherine Willoughby, the Duchess of Suffolk, was a Protestant reformer. After the Catholic Queen Mary became queen in 1553, the Duchess's position was suddenly very precarious. In 1555 she escaped to Poland with her husband, Richard Bertie, and their children. She conveyed some of her land to Walter Herenden, her lawyer, with the words of the instrument being "to the only use and behove of the seid Walter Herenden and of his heyres". The conveyance therefore took the form "to A to the use of A";. Since this conveyance was after the passage of the Statute of Uses, the use immediately executed and the result was a direct transfer of the fee simple to Herenden. As Baker points out in J.H. Baker, The Use upon a Use in Equity, 93(1) LQR 33, 34 (1977) (http://moglen.law.columbia.edu./twiki/pub/EngLegalHist/RefugeeProperty/93LQR33-38(1977).pdf), "Nothing more could have been done at common law to vest the fee simple beneficially in Herenden." However, there was more to this conveyance than met the eye: the unwritten condition was that Herenden would convey the Duchess's land back to her when it became safe for her to return to England. | | | When Mary died in 1558 and Elizabeth become queen, Katherine returned to England. Herenden, however, did not stick to the plan and refused to convey the land back. Katherine's husband, Richard Bartie, sued Herenden in Chancery for the return of the lands. |
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