Acherley v Vernon
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | High Court |
English Reports Citation: 88 E.R. 321
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMOM PLEAS, AND EXCHEQUER.
S. C. affirmed, 3 Bro. P. C. 85 (2nd edit.). Referred to, Bond v. Seawell, 1765, 3 Burr. 1775. Distinguished, Attorney-General v. Downing, 1769, Ambl. 574. Discussed and applied, Barnes v. Crowe, 1792, 1 Ves. 495; 4 Bro. C. C. 2. Distinguished, Strathmore v. Bowes, 1798, 7 T. R. 487. Doubted, Ellis v. Ellis, 1802, 1 Sch. & Lef. 5. Applied, Goodtitle v. Meredith, 1813, 2 M. & S. 13. Referred to, Yarnold v. Wallis, 1840, 10 L. J. Ex. Eq. 5; 4 Y. & C. 164. Commented on, Hughes v. Hoskiny, 1856, 11 Moo. P. C. 13. Referred to, In re Smith, 1890, 45 Ch. D. 638.
321 [68] case 34. aoherley against vernon. [S. C. affirmed, 3 Bro. P. C. 85 (2nd edit.). Referred to, Bond v. Seawett, 1765, 3 Burr. 1775. Distinguished, Attorney-General v. Downing, 1769, Ambl. 574. Discussed and applied, Sanies v. Crowe, 1792, 1 Ves. 495; 4 Bro. C. C. 2. Distinguished, Strath-more v. Bowes, 1798, 7 T. E. 487. Doubted, Ellis v. Ellis, 1802, 1 Sch. & Lef. 5. Applied, OoodtitU v. Meredith, 1813, 2 M. & S. 13. Referred to, Yarnold v. WallÖ, 1840, 10 L. J. Ex. Eq. 5; 4 Y. & C. 164. Commented on, Hughes v. HosTciny, 1856, 11 Moo. P. C. 13. Referred to, In re Smith, 1890, 45 Ch. D. 638.] If a testator devise " all the rest and residue of bis real and personal estate to A. B. C. and D. in trust;" and afterwards makes a codicil, whereby he " ratifies and confirms his will, except in the alterations after mentioned ;" and then revokes that part of his will whereby he appointed A. and B. his trustees, and requests E. and F. to be two of his trustees, and devises his real estate to them accordingly ò this is only a revocation as to the appointment of the two trustees, and not of any other part of the will.-S. C. 10 Mod. 518. S. C. 2 Eq. Ab. 209. S. C. 1 Peer. Wms. 783. S. C. Corny. 381. S. C. 3 Bro. P. C. 107. This was a bill exhibited by Roger Acherley, Esq. and his wife, and Lajtitia their daughter, the wife being sister and heir at law to Thomas Vernon, Esq. deceased. The bill seta forth, that Thomas Vernon was seised in tail of some lands, and of other lands for life, and was possessed of a personal estate to the value of eighty thousand pounds at the time of his death; and being so seised and possessed, he made his last will in the year 1711 (a), and thereby, after some legacies given to particular persons, devised "all his real and personal estate to four trustees (naming them) in trust, that they should permit the defendant Bowater Vernon to receive the profits of his real estate for life, remainder to his first son in tail, &c.; and that the said trustees should lay out his personal estate in a purchase of lands, which, when purchased, should be settled to the same uses, &c.;" and he devised to his sister (the now plaintiff) Mrs. Acherley two hundred pounds a-year during her life ; and a little before his death in the year 1720 he made a codicil, and thereby confirmed his will, except such part as was by the said codicil revoked; and then he revoked that part of his will wherein Mr. Acherley (the now plaintiff) and one Mr. Vernon were made trustees, and appointed Mr. Keck and Mr. Nicholls to be his trustees; and devised to his niece Loetitia Acherley six thousand pounds, and declared, that the same, and the annuity of two hundred pounds a-year, which, by his will, he had devised to his sister for life, should be in lieu of all demands they or either of them might claim of, or unto, all or any part of his real or personal estate ; and upon condition they should release to his said trustees all their right thereunto; and all the rest of his lands which he purchased since the making his will, and all other his real estate, he devised to his said trustees, to be settled according as in the will. The plaintiffs by their said bill insisted, that by this codicil the testator had revoked a great part of his will, and had made no other disposition of what he had revoked, and consequently that the same ought to descend to the said Mrs. Acherley as his heir at law; and that having purchased some fee-farm rents, issuing out of the manor of Hanbury, and having entered into articles for the purchase of several lands lying in the counties of Worcester, Warwick, [69] and Leicester, since the making his said will, the said rents and the lands which rested in articles would not pass by the devise of "all the rest of his lands, &c." in the codicil; and therefore must likewise descend -And that the said testator had some valuable manuscripts of cases decreed in the Court of Chancery whilst he attended that Court, which the plaintiffs now claim as their right, in order to have them published in the best manner, as a monument of his great learning, to be transmitted to posterity; and that it is a right vested in them before any other person whatsoever, being his heirs at law; and therefore shall -descend to them in nature of heirlooms. (a) See the will and codicil very fully stated, 3 Brown's Cases in Parl. 107. K. B. xvii.-11 322 MICHAELMAS TERM, 10 GEO. 1. IN CHANCERY 9 MOD. 70. The defendant Bowater Vernon by his answer confesses the will, and that after the making thereof the testator bought several lands, and entered into articles for the purchase of more, and that part of the purchase-money was paid; and having increased hia personal estate, he made a codicil, as set forth in the bill; but insisted, that so much of his estate as rested in articles shall pass in equity by the devise of " all bis new-purchased lands " in the codicil; and so shall the fee-farm rents issuing out of the manor of Hanbury ; for that they were afterwards merged in the purchase of that very manor by the testator himself, who at the time of hia death, and long before, was lord thereof. And farther insists, that by the codicil none of the devises in the will are revoked, but rather confirmed ; but if it should be a revocation of what was devised by the will, yet the lands shall pass by that clause in the last part of his codicil, where he devised "all the rest of his lands, &c." to his trustees, &c. ; so that he left no part of his estate, either real or personal, undisposed.-And as for the manuscripts, he submits to the opinion of the Court, whether the trustees should have the publishing them, to whom the testator had entrusted the rest of his real and personal estate. The other defendant, Mrs. Vernon, the widow of the testator, by her answer says, that he left her an annuity or rent-charge of one thousand pounds a-year during her life, besides what lands were about his house at Hanbury, whilst she lived therein nine months in every year, and the household goods and furniture of his house in London, which she insists to have secured to her as the Court shall think fit. [70J She likewise claims two hundred pounds which was left to her by her father Sir Anthony Keck to be laid out in what she thought fit in remembrance of him; which two hundred pounds she believes was received by the testator, and therefore insists to have it satisfied out of his personal estate.-And as for the manuscripts, sbe claims-them as part of the testator's houshold goods devised to her for her life ; so that she insists on her right to them, that they may be published for the credit of the testator, and not that she claims the least benefit by them. There was a cross-bill exhibited against the plaintiffs in the...
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