Attorney General v Pearce
| Jurisdiction | England & Wales |
| Judgment Date | 06 December 1740 |
| Date | 06 December 1740 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 454
HIGH COURT OF CHANCERY
See Hall v. Derby Sanitary Authority, 1885, 16 Q. B. D. 171.
Case 86.-stone versus evans, at the Rolls, before Mr. Justice "Wright, December 14, 1740. A testator gives the residue of his estate to his executrix, or to her heirs, executors, administrators or assigns; she died in his life-time; Mr. Justice Wright held, it was given her as executrix, and she dying before him, he is dead intestate as to the residue. Asgil Evans by his will devises to his nephew Rollinson Evans all his dividends on his South-sea annuities, and afterwards by a codicil gives his niece Margaret Stone. 20 a year for her life, to be paid out of his South-sea annuities; held not to be a . revocation in Mo, but that both devises may stand consistently together. The will of Asgil Evans. Imprimis, I give unto my nephew Rollinson Evans all the income or dividend on my South-sea annuities, now standing in my name in the books of that office (with remainder to his sister Eleanor's children). The rest and residue of my estate real and personal, and all my effects whatsoever and wheresoever, I give and bequeath unto my executrix, or to her heirs, executors, 454 ATTORNEY GENERAL V. PEARCE 2 ATK. 87. administrators or assigns ; and I do hereby appoint my sister Eleanor Evans my sole executrix. . The codicil. Also I give unto my niece Margaret Stone, after the decease of my sister Eleanor Evans, 20 a year, to be paid out of my South-sea annuities now stand- ing in my name in the South-sea books during her natural life, and no longer ; and after her decease, I give the abovesaid 20 a year unto my sister Eleanor Evans's children, share and share alike. The executrix died in the life-time of the testator. Rollinson Evans is dead. The husband of Margaret Stone had one shilling given him under the will. The defendant is administrator to the executrix, and claims in that right. The 1st question was, Whether Mr. Asgil Evans is dead intestate as to the residue 1 The 2d question was, Whether charging 20 a-year annuity upon the old South-sea annuities during the life of Margaret [87] Stone by the codicil, is a revocation of the devise in toto to his nephew Bollinson Evans under the will 1 Mr. Justice Wright. If it had been given as residue to her as executrix only, and she had died in the life-time of the testator, there is...
To continue reading
Request your trial
-
Re the Worth Library
...benefit and behoof of the Physician, Chaplain and Surgeon for the time being" of Dr. Steevens' Hospital. Attorney General v. PearceENR (1740) 2 Atk. 87; Re McEnery, O'Connell v. Attorney GeneralIR [1941] I.R. 323 and Oppenheim v. Tobacco Securities Trust Co. Ltd.ELR [1951] A.C. 297 applied.......
-
THE ATTORNEY-GENERAL v DELANEY. [Exchequer.]
...THE ATTORNEY-GENERAL and DELANEY. The Attorney-General v. PearceENR 2 Atk. 87, per Lord Hardwicke. Ommanney v. Butcher 1 Tur. & Rus. 260. Cocks v. MannersELR L. R. 12 Eq. 574. West v. Shuttleworth 2 M. & K. 684. Heath v. ChapmanENR 2 Drew, 417. In re Blundell's TrustsENR 30 Beav. 360. Dillo......
- Attorney-General (New South Wales) v Adams
-
Trinity College Dublin v Ag
...CHARITIES ACT 1961 S45 WEBB V OLDFIELD 1898 1 IR 431 CRANSTON, IN RE, WEBB V OLDFIELD 1898 1 IR 431 O'CONNELL V AG 1941 IR 323 AG V PEARCE 2 ATK 87 OPPENHEIM V TOBACCO SECURITIES TRUST CO LTD 1951 AC 297 PUBLIC TRUSTEE V DAY 1957 1 AER 745 WHICKER V JUME 1858 7 HL CAS 124 POWELL V COMPTON ......