Boddy v Dawes
| Jurisdiction | England & Wales |
| Judgment Date | 20 December 1836 |
| Date | 20 December 1836 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 346
ROLLS COURT.
Held special in its circumstances, Dundas v. Wolfe-Murray, 1863, 1 H. & M. 431.
[362] boddy v. da wes. Dec. 20, 1836. [Held special in its circumstances, Dundas v. Wolfe-Murray, 1863, 1 H. & M. 431.] The testator gave legacies out of a sum of stock to the grandchildren named in his will on their attaining the age of twenty-one ; and if any of them should die under twenty-one, their portion to be equally divided among such of them as should attain twenty-one ; but if the whole of his said grandchildren should die under that age, then he gave the interest of the sum of stock to the father of the said grandchildren for his life, and after his decease the principal, as therein mentioned. Held, that the grandchildren were entitled to the interest during their minority. Henry Dawes made his will, dated the Slat of January 1827, in the following words : - " After my just debts and funeral expenses are paid, I give unto my executor and the trustees hereinafter named the sum of £10,000 stock in the 3J per cent. annuities in trust for the following purposes ; that is to say, I give to Mr. John Marlett Boddy the interest arising from the sum of £2500 of the above-named stock for and during the term of his natural life, and from and after his decease I hereby give and bequeath the aforesaid sum of £2500 to be equally divided amongst the children of my late daughter, Jane Maria Boddy, or their descend-[363J-ants ; but should there be none of them surviving, then my mind and will is that the said sum be equally divided amongst such other grandchildren as I may then have living, or in default thereof, to my legal representatives ; and I hereby give to my grandson, Henry Dawes Boddy, the sum of £2500 of the above-named stock ; and to my granddaughter, Georgiana Maria Boddy, the sum of £1500 of the above-named stock ; and to my granddaughter, Amelia Jane Boddy, the sum of £1500 of the above-named stock ; and to my grandson, George Frederick Boddy, the sum of £2000 of the above-named stock, on my above-named grandchildren respectively attaining the age of twenty-one years ; but should any of my said grandchildren die before the age of twenty-one years, then my mind and will is that their portion be equally divided amongat those of my said grandchildren who shall attain the age of twenty-one years ; but should the whole of my said grandchildren die before attaining the age of twenty-one years...
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Saunders v Vautier
...of the legatee dying under the prescribed age; Vawdry v. (teddes (1 Russ. & Mylne, 203). That principle was recognised in Boitit/ v. Dawt/s (1 Keen, 362), and it would be [246] found to be the principle of all those cases in which a gift of this kind had been held to confer a vested int......
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Jacob, deceased, Re; McCoy v Jacob
...325. (1) [1905] 1 I. R. 45. (2) L. R. 2 Ch. 782. (3) 13 Ves. 325. (4) [1912] A. C. 658. (1) 27 B. 386, at p. 389. (2) 3 L. R. Ir. 476. (1) 1 Keen, 362. (2) 5 Bro. P. C. (3) 16 Ch. D. 691. (1) [1894] 1 Ch. 665. (2) [1910] 1 I. R. 280. (3) L. R. 2 Ch. 782. (4) 13 Ves. 325. (1) 13 Ves. 325. (2......
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Festing v Allen
...been relied upon as an argument favourable to a claim of interest upon a deferred legacy: Acherley v. Fernon (1 P. Wms. 783), Boddy v. Dawes (1 Keen, 362), [578] Saunders v. Fautier (1 Or. & Ph. 240), Fawdry v. Geddes (1 Euss. & Myl. 208), Lister v. Bradley (1 Hare, 10), it is impos......
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Dundas v Wolfe Murray
...that the Plaintiffs are consequently entitled to the intermediate income. 1H. &M. 433. HOWARD AND DOLLMAN's CASEVautier (Cr. & Ph. 240), Boddy v. Dawes (1 Keen, 362). That being so, it follows that interest attaches. Specific legacies carry interest, although the enjoyment may be postpo......