Bonser v Kinnear
| Jurisdiction | England & Wales |
| Judgment Date | 07 May 1860 |
| Date | 07 May 1860 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 82
HIGH COURT OF CHANCERY
S. C. 6 Jur. (N. S.) 882.
[195] bonser v. kinnear. May 7, 1860. [S. C. 6 Jur. (N. S.) 882.] A testator gave his personal estate to his wife, declaring, although he had given her the whole, he desired, if his children conducted themselves to her approbation, she would leave such property equally amongst all his children. The widow, by her will, gave the property to those living at her decease. The Court held the widow took subject to a trust, and on both wills declared the four surviving children entitled. Edward Hesketh, by his will, dated the 30th September 1828, bequeathed all his leasehold property at Edgbaston to his wife, Harriet Hesketh, to hold the same for herself, her executors, administrators and assigns, for all the rest and remainder of his term and interest therein. And, as to all other-his personal estate, he gave and bequeathed the same to his said wife to and for her own use and benefit, she maintaining, clothing and educating such of his children as should happen at his decease to be under the age of twenty-one years until they should attain that age; and also gage debts discharged or satisfied out of the personal estate or other real estate of such person; but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same shall be charged-every part thereof, according to its value, bearing a proportionate part of the mortgage debt charged on the whole thereof: Provided always that nothing herein contained shall affect or diminish any right of the mortgagee on such lands or hereditaments to obtain the full payment or satisfaction of his mortgage debt, either out of the personal estate of the person so dying or otherwise: Provided also that nothing herein contained shall affect the right of any person claiming under or by virtue of any will, deed or document already made or to be made before the 1st day of January 1855." 2GIFF.196. 8PAGBM-A3S .V. BOEBROQK 83 paying his debts, funeral expenses and the charges of proving and executing his will. And he declared it to be his will that, although he had above given the whole of his property to his said wife, yet it was his ;desire that, if his children conducted themselves to her approbation, she would leave such property equally amongst all his children. At his death the...
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