Blundell v Chapman
| Jurisdiction | England & Wales |
| Judgment Date | 04 March 1864 |
| Date | 04 March 1864 |
| Court | High Court of Chancery |
English Reports Citation: 55 E.R. 520
ROLLS COURT
S. C. 33 L. J. Ch. 660; 10 L. T. 152; 10 Jur. (N. S.) 332; 12 W. R. 540.
[648] blundell v. chapman. March 2, 4, 1864. [S. C. 33 L. J. Ch. 660; 10 L. T. 152; 10 Jur. (N. S.) 332; 12 W. E. 540.] Under a devise of real and personal estate to the widow for life, and afterwards to the testator's four children " or " their children, share and share alike; and if any of such children should die without leaving a child, his share was to be divided between "the survivor or survivors" of them "or" their children : Held that "or" could not be read as "and," nor "survivors" as "others," and that the effect of the gift was to substitute children for their parents who died in the life of the tenant for life. One child died in the life of the tenant for life without issue, arid at the death of the latter the three other children and several grandchildren were living. Held that the three children took exclusively as tenants in common. This was a special case, which stated as follows:- The testator, by his will dated in January 1839, gave all his real and personal estate to his wife Harriet Chapman for her life, or until she should marry again. He proceeded as follows:-" And my will and meaning is that, immediately after the decease or day of marriage of my said wife as aforesaid, I do hereby order and direct that all the real and personal estate which my said wife shall then be possessed of (her funeral expenses being first paid thereout) shall be equally and fairly divided between my three sons and one daughter (that is to say), William Chapman, Henry Chapman, George Chapman and Harriet Chapman, or their child or children, share ttBBAV.g. BLUNDBLL V. CHAPMAN 521 and share alike for ever; but in case any or either of my said sons or daughter shall happen to decease without leaving a lawful child or children, that then, in such case, his, her or their share or shares of my estates as aforesaid shall be equally divided be-[649]-tween the survivor or survivors of him, her or them, or his, her or their child or children, share and share alike for ever." The testator died in April 1839. Harriet Chapman, the daughter, died in May 1856, without having been married. The testator's widow died in February 1861, without having married again. William Chapman, the son, had six children (the Plaintiffs), all of whom were born in the lifetime of the testator's widow. George Chapman had three children, one born...
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Hodge v Foot
...Croad. note.-See Greenwood v. Percy, 26 Beav. 572; Holland v. Allsop, 29 Beav. 498; In re Keep's Will, 32 Beav. 122; Blundell v. Chapman, 33 Beav. 648. English Reports Citation: 55 E.R. 669 ROLLS COURT Hodge and Foot See In re Bowman, 1889, 41 Ch. D. 529. [349] hodge v. foot. April 26, 186......