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Case file s1415 · Probate and trust law · 1677
1677
Portrait of Henry Frederick Howard, 22th Earl of Arundel (1608-1652) title QS:P1476,en:"Portrait of Henry Frederick Howa: Portrait of Henry Frederick Howard, 22th Earl of Arundel (
Portrait of Henry Frederick Howard, 22th Earl of Arundel (1608-1652) title QS:P1476,en:"Portrait of Henry Frederick Howa. Anthony van Dyck. Public domain, Wikimedia Commons.
Died
13 December 1677 (Thomas Howard, 5th Duke of Norfolk)
Place
Padua, Italy; estates in England, UK
Field
landed estates of the Howard family, including the barony of Greystoke · Royalty and nobility on the timeline
Legal tradition
English Chancery; family settlements and the rule against perpetuities · Common law
Historical event
Restoration of Charles II and of the dukedom of Norfolk, 1660

The Earl of Arundel's heir went insane in Padua, his younger brothers fought over the family settlement, and the case created the rule against perpetuities

Henry Frederick Howard, Earl of Arundel (1608 to 1652), had the lawyer Sir Orlando Bridgeman draft a settlement to keep the family land in the family. His eldest son, Thomas, fell ill with a fever in Padua in 1645 and was declared insane†. He lived in Padua under an English physician's care and never left. The family made sure he never married. The settlement gave the main estate to Thomas. If Thomas died without heirs and it passed to the second son, Henry, then other property held by Henry would shift to a younger son, Charles. Acts of Parliament in 1660 and 1661 restored the dukedom, and Thomas became 5th Duke of Norfolk while Henry ran the estates. Thomas died in Padua on 13 December 1677. Henry became 6th Duke and kept both properties. Charles sued for the barony of Greystoke. Lord Chancellor Nottingham decreed for Charles on 17 June 1682, holding the shift valid because it had to happen within Charles's lifetime. His successor, Lord Keeper Francis North, reversed him on 15 May 1683. On 19 June 1685 the House of Lords reversed North and affirmed the decree for Charles. The case set the rule that a future interest is void if it can vest too far beyond lives in being. In England the Perpetuities and Accumulations Act 2009 replaced the old measure with a single period of 125 years from 6 April 2010.

What the law took from it

A settlement that shifts property on future events must fit inside the perpetuity period, or the gift fails.

Cite as: celebrity.estate, “The Earl of Arundel's heir went insane in Padua, his younger brothers fought over the family settlement, and the case created the rule against perpetuities,” story s1415, https://www.celebrity.estate/duke-of-norfolks-case-1677, updated 30 October 2026.

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