Avison v Simpson
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 1859 |
| Date | 10 February 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 332
HIGH COURT OF CHANCERY
S. C. 5 Jur. (N. S.) 594; 7 W. R. 277.
Will. Construction. "Next of Kin." Statutes of Distribution. "Goods." Residue
[43] avison v. simpson. Feb. 10, 1859. [S. C. 5 Jur. (N. S.) 594; 7 W. R. 277.] Will. Construction. " Next of Kin." Statutes of Distribution. "Goods." Residue. "Next of kin " in a will held to mean the nearest of kindred in blood, and not the persons who would be entitled under the Statutes of Distribution. Bequest of " household furniture, goods, ready money, debts and securities," held to-comprise the whole residuary personal estate and effects of the testatrix. A special case. Thomas Avison, by his will in 1839, bequeathed a sum of 7000 to trustees ; as to one moiety, upon trust to pay the interest to his daughter Susannah for life, and after her decease upon trust for her children, and, if no child (which was the case), " then to pay, distribute and divide the said moiety, and the stocks, &c., on which the same should be invested, unto and equally between and amongst his next of kin." And he then bequeathed a sum of 2000, as to one moiety, upon trusts in the same words. The testator died in the same year, leaving three children, Susannah, Mary, the wife of the Defendant Saunders, and the Plaintiff Thomas. He left, also, the Defendant, Anne Topper, a grandchild by a daughter who died before the date of the, will. He left no other issue. Susannah,by her will in 1851, after making certain pecuniary bequests, and devising; all her real estate to the Plaintiff upon trust to sell, gave and bequeathed " her household furniture, goods, ready money, and also all debts and securities due or belonging to her " to the Plaintiff, his executors and administrators, upon trust to convert into-money such parts thereof as should not consist of money : and she declared that the Plaintiff, his heirs, executors and administrators, s,hould by; and out of the moneys to arise from such sale of the said real estate, and from the conversion of such parts of the personal estate thereinbefore bequeathed as should not consist of money, and by and out of the ready money of which she should be possessed at her death, pay her funeral and testamentary expenses and debts, and the legacies bequeathed by her will [44] or any codicil thereto, and should divide the residue of such moneys into JOHNS. 45. AVISON V. SIMPSON .'33.3 three equal parts: and she bequeathed one of such parts to her...
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