Compton v Bloxham
| Jurisdiction | England & Wales |
| Judgment Date | 01 July 1845 |
| Date | 01 July 1845 |
| Court | High Court of Chancery |
English Reports Citation: 63 E.R. 699
HIGH COURT OF CHANCERY
Distinguished, In re Appleton, 1885, 29 Ch. D. 896.
[201] compton v. bloxham. June 25, July 1, 1845. [Distinguished, In re Appleton, 1885, 29 Ch. D. 896.] Upon the construction of a will: Held, that a legacy was given to an executor not in his character of executor, and that he did not lose the legacy by not proving and not acting under the will. Original will of personalty examined in order to arrive at the true construction of certain bequests. " The last will and testament of John Bloxham, of Amesbury, county of Wilts, written by my own hand, made, signed and witnessed, the twenty-sixth of July, in the year of our Lord, 1826. As it's probable I may die before my wife, it's my will, as soon as I die, my sister, Jane Bloxam, my executrix, my brother, Charles Bloxam, my executor, take possession immediately of the oak chest of drawers and the little writing-desk in my usual sitting-room, with all its contents; the oak chest of drawers in the dressing-room, the middle room on the ground floor fronting the street, with all its contents ; the ash chest of drawers in my bedroom, with all its contents; the wearing clothes of every description to be given to my brother Charles Bloxham; the silver plate being in the oak chest of drawers in my dressing-room, it's my will that six silver table-spoons, and six silver tea-spoons to be left for the use of my widow; at her death the whole property, the house I now live in, the garden behind the house, the little garden opposite the house, it being all free land, and goods and furniture of every description, with all my books of every sort, be given to my said sister Jane Bloxham, my executrix, and to my said brother Charles Bloxham, my executor, their heirs and assigns, for ever : my monies in the funds, sixteen hundred pounds in the 3 per cents. Reduced, and twelve hundred pounds in the New 4 per cents., to be equally divided between my said sister Jane and brother Charles Bloxham, on condition my said sister Jane resides in my house after my death, to direct and manage all my wife's affairs, to receive her monies, and pay her debts, until my wife think proper, and is capable of directing her own affairs." Jane Bloxham proved the will. Charles Bloxham did [202] not prove nor act in the execution of the trusts of it, and died in his sister's lifetime. Jane Bloxham having sold out 400 stock, part of the 1600 3 per cent. Reduced annuities, for payment of the testator's debts...
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