Anonymous (1726) 2 P Wms 387
| Jurisdiction | England & Wales |
| Date | 1726 |
| Year | 1726 |
| Court | High Court of Chancery |
English Reports Citation: 24 E.R. 779
Chancery Division
Case 119.-anonymus. [1726.] Where the cause is brought on only on bill and answer, if the bill is dismissed against any of the defendants, there only 40s. costs are to be paid; but if the plaintiff has a decree against the defendant, though only on bill and answer, there costs must be taxed. Note : The course of the Court is, that where a cause is brought on upon bill and answer, and the plaintiff's bill is dismissed as against a defendant, in such case only 40s. costs is to be paid by the plaintiff ; but if the plaintiff has a decree against the defendant, though upon bill and answer only, if the plaintiff has costs given him, it must be costs to be taxed. (But this practice was altered by an order of Lord Hard-wickeonthe 27th of ApriZ]1748. Vide 2 Atk. 288.)
English Reports Citation: 24 E.R. 780
AT THE ROLLS.
780 PECK V. HALSEY 2 P. WMS. 388. Case 120.-peck versus halsey. [1726.] At the Rolls. 2 Eq. Ca. Ab. 360, pi. 18. One bequeaths to her grandchild A. some of her best linen; this void for uncertainty ; yet the Court recommended it to the executor to give some of the best linen to the legatee.-A bequest of such of the best linen as the executor should think fit, or as the legatee should choose, had been good. The testatrix Mrs. Peck by her will inter al\ after legacies given to several of her relations, bequeathed to her two grand-children A. and B. some of her best linen, and made /. S. residuary legatee. [388] Master of the Rolls. This is a void legacy for the uncertainty; the best of my linen is uncertain, but some of my best linen is more uncertain still; if it were such, or so much of my best linen, as they should choose, or as my executors should choose for...
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O'Donohue v O'Donohue
...- In re Goods of Martin [1968] IR 1, In re Curtin, deceased [1991] 2 IR 562 and Howell v Howell [1992] 1 IR 290 applied - Peck v Halsey (1726) 2 P WMS 387, Jubber v Jubber (1839) 9 Sim 503 and Robinson v Waddelow (1836) 8 Sim 134 considered - Succession Act 1965 (No 27), ss 68, 78, 90 & 99 ......
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