Clay v Pennington
| Jurisdiction | England & Wales |
| Judgment Date | 17 March 1837 |
| Date | 17 March 1837 |
| Court | High Court of Chancery |
English Reports Citation: 47 E.R. 331
VICE-CHANCELLOR'S COURT.
S. C. 7 Sim. 370; 8 Sim. 357.
DONNELLY 117. CLAY V. PENNINGTON 331 vice-chancellor's court. [217] clay v. penninuton. March 17, 1837. [S. C. 7 Sim. 370; 8 Sim. 357.] Legacy to Infants paid to their Parents for their Advancement in the World, and for past and future Maintenance. John Dixon, by his will, gave the residue of his personal estate and effects to trustees, in trust, after the decease of his daughter and granddaughter without leaving any issue, unto the children of his brother Benjamin, and their lawful issue in equal shares. The daughter and granddaughter both died without leaving any issue. The bill was filed for the purpose of having the decision of the Court as to who were the parties entitled under the word "issue," and at what period the bequest in favour of the issue of Benjamin Dixon took effect. On the hearing of the cause, the Vice-Chancellor decided that the children of the testator's brother, and the lawful issue in every degree of each child who was living at the death of the survivor of the testator's daughter or granddaughter, were entitled to the clear residue of the testator's personal estate. On this cause coming on for further directions, it appeared by the Master's report that there were thirty-five persons living at the death of the surviving tenant for life, who died without having left any issue. [218] Of the thirty-five persons entitled, several were infants ; and on behalf of four of such infants a petition was presented (which came on for hearing at the samu time as the cause), on the part of the parents, setting forth that one of the infanta was a cadet in the Honorable East India Company's service, and in order that he might avail himself of the appointment it was absolutely necessary to provide for him tha usual outfit and for his passage; that from the Petitioner's circumstances it was impossible for him to supply the necessary pecuniary funds, and that the infant had not any property other than the legacy in question ; and that the Petitioner had incurred liabilities for the amount of the outfit; and that the share of the infant would not amount to 200. That the three other infants were children of the Petitioner, a widow, who was entitled to a pension of 50 per annum, and that her resources were wholly inadequate for the support of the Petitioner and three infants ; and that the infants had no other property than the legacy; and the...
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