Bunting v Marriott
| Jurisdiction | England & Wales |
| Judgment Date | 14 November 1854 |
| Date | 14 November 1854 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 311
ROLLS COURT.
See Chandler v. Howell, 1876, 4 Ch. D. 659.
[163] bunting . marreott. Nov. 14, 1854. /?.'?/-'^x J [See Chandler v. Hawell, 1876, 4 Ch. D. 659.] A bequest to the trustees of a chapel, " towards the reduction of their debt on that chapel," held to be payable to the trustees, though the debt incurred in building the chapel had long before been paid off, and the only debt since incurred was one owing by the trustees in respect of the chapel, but upon their own individual responsibility. Bequest to "The Treasurer of the Fund for the Superannuated Preachers and Widows of Wesleyan Ministers." There being no such fund: Held, that "The Itinerant Methodist Preachers' Annuitant Society " might take. The testator bequeathed certain pecuniary legacies, and he gave his leasehold estates to his executors, to sell and apply the proceeds in part payment of the legacies. Held, that the leaseholds were to be applied, as far as they would extend, in payment of the legacies, and that the deficiency was to be paid out of the general personal estate. Tothill Fields Improvements bonds held not within the Statute of Mortmain. Thomas Marriott, by his will, dated in 1843, gave certain pecuniary legacies to his nephews and nieces, the children of his brother William, and to various other persons. He also gave legacies to sundry charitable institutions, of which one was " to the trustees of Great Queen Street Chapel, towards tins reduction of their debt mi that chapel, .1000 sterling." The will contained this clause : " And as to all the rest and residue whatsoever and wheresoever, I direct my executors, after payment of my just debts, and my funeral and testamentary expenses, to pay the residue of my personal estate and effects into the hands of the Treasurer of the Fund for the Superannuated Preachers and Widows of Wesleyan Ministers. All my said legacies bequeathed to charitable purposes to be a charge on my Bank stock and Indian stock, only, &c. ... I give and bequeath all my freehold, copyhold and leasehold estates, and all my mortgages (if any), and any other interest I may have in land, to 312 BUNTING V. MARRIOTT 19 BEAV. 184. my executors, in trust to sell and stand and be possessed of the proceeds thereof, in trust to apply the same in part payment of the several and respective legacies I have bequeathed to my nephews and nieces, the children of my late brother William Marriott," &c. [164] The...
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