Booth v Coulton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1860 |
| Date | 01 January 1860 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 216
HIGH COURT OF CHANCERY
S. C. 30 L. J. Ch. 378; 3 L. T. 770; 7 Jur. (N. S.) 207; 9 W. R 330. See Wheatly v. Davies, 1876, 35 L. T. 307. For subsequent proceedings, see L. R. 5 Ch. 684.
216 BOOTH V. COULTON 2GIFF.51C [514] booth v. coulton. Dec. 5, 6, 1860; Jan. 31, 1861. [S. C. 30 L. J. Ch. 378; 3 L. T. 770; 7 Jur. (N. S.) 207; 9 W. E. 330. See Wheatly v. Dames, 1876, 35 L. T. 307. For subsequent proceedings, see L. E. . 5 Ch. 684.] It is an established rule of this Court that an annuitant under a will is not entitled to interest on the arrears of his annuity. Litton v. Litton (1 P. Wms. 541), Aylmer v. Aylmer (1 Molloy, 87), Torre v. Browne (5 Ho. Lds. Ca. 555), considered. John Gillyatt Booth, by his will, dated the 20th of September 1849, devised and bequeathed to his executors therein named all and singular his real and personal estate, "upon trust to pay all his just debts and funeral and testamentary expenses,' and to pay the legacies or sums of money therein mentioned," and upon further-trust, " out of the annual profits of the residue of his said estates," to pay to testator's son, Philip Booth, the annual sum of 400 during his life; to William Bachelor the annual sum of 100 during his life, and to Sophia Coulton the annual sum of 600 during her life. The testator further directed that the said legacies and the annuities thereby given should be paid to the legatees free of legacy duty, which the testator charged upon the residue of his estate. Subject as aforesaid, he directed that his executors should stand seised and possessed of all his real and personal estate, upon trust to apply the rents, issues and profits to and for the maintenance and benefit of his son, the Plaintiff, George Booth, for life, as the said executors and trustees should think fit, and, from and after his decease, he devised and bequeathed all and singular the residue of his said real and personal estates to his said son, Philip Booth, his heirs, executors and administrators, subject, nevertheless, to certain trusts in an event which had not happened. The testator died on the 16th of October 1849 without having revoked his said will. His son George, at and prior to the date of his will, [515] had been found of unsound mind, and John Booth had been appointed his committee. The present bill was filed to administer the estate of the testator, alleging that the trustees had paid the debts, including a mortgage debt, out of the income, instead of out of capital, the result of which was that the annuities had fallen into arrear. The Plaintiffs claimed to have interest on the arrears of the annuity. In July 1857 a decree was...
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