Congreve v Palmer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1852 |
| Date | 01 January 1852 |
| Court | High Court of Chancery |
English Reports Citation: 51 E.R. 846
ROLLS COURT
S. C. 23 L. J. Ch. 54; 1 W. R. 156. See Wingfield v. Wingfield, 1878, 9 Ch. D. 666.
[435] congreve v. palmer.(i) Dec. 15, 1852; Jan. 29, 1853. [S. C. 23 L. J. Ch. 54; 1 W. E. 156. See Wincjfield v. Wingfield, 1878, 9 Ch. D. 666.] Bequest (in effect) to A. for life, and in default of her appointment, equally amongst " her sisters, or their children, living at her decease." Held, first, that the children took by substitution, and therefore that the children of a sister who was dead at the date of the will, could not take; and, secondly, that such of the children as were entitled took "per stirpes." Distinction between a gift to several, with remainder to their children, and one to several, with a substitutionary gift to their children, in respect to the children taking "per stirpes" or "per capita." The testator, James Grinstou, by a codicil made to his will, and dated the 9th of November 1820, increased a legacy of £2000, bequeathed by his first codicil to trustees for the benefit of Mr. Cole and his wife (the testator's daughter), and their issue (exclusive of an eldest son), to £3000, but he directed, that if Mr. Cole should survive (1) dates. 1820. Lady Brooke died. 1820. Codicil. 1821. Testator died. 1851. Mrs. Cole died. 18 BEAV. 436. CONGREVE V. PALMER 847 his wife, and they had no children living at her decease, then that the interest of Mr. Cole therein should cease and determine, and he then proceeded in these words :-" And I give and bequeath the said sum to such uses and to such person and persons as my said daughter shall, by deed or will, notwithstand-[436]-ing coverture, direct or appoint; and, in default thereof, then equally to and amongst her sisters or their children living at her decease." The testator died on the 12th of March 1821. Mrs. Cole had no issue, she made no effective appointment, and died on the 3d of March 1851. She had five sisters; two of them had died without issue in infancy, before the will of the testator; two others (Mrs. Greenway and Mrs. Walker) survived the testator, and died before Mrs. Cole, one of whom, Mrs. Greenway, had nine children, three of whom survived Mrs. Cole, viz., the Plaintiff Mrs. Congreve, and the Defendants Ann and Charles Greenway. The other sister, Mrs. Walker, had four children, one of whom only survived Mrs. Cole. The remaining sister of Mrs. Cole was Lady Brooke, who was dead at the date of the codicil, but...
To continue reading
Request your trial
-
Re Battersby's Trusts
...V.- C. (1895. No. 761.) IN RE BATTERSBY'S TRUSTS. Commissioners of Charitable Donations v. DeeyUNK 27 L. R. Ir. 289. Congreve v. PalmerENR 16 Beav. 435. Heasman v. PearseELR L. R. 7 Ch. App. 275. In re Mulqueen's TrustsUNK 7 L. R. Ir. 127. In re Sibley's TrustsELR 5 Ch. D. 494. In re YatesE......
-
Cleland's Trusts and Trustee Relief Act, ex parte Henderson
...1 P. Wms. 434. Eccard v. BrookeENR 2 Cox, 213. Wright v. KempUNK 3 Term Rep. 470. White v. Supple 1 C. & L. 525. Congreve v. PalmerENR 16 Beav. 435. Deed Construction Gift to one for life and to children or grandchildren living at death of tenant for life Substitutionary gifts per stirpes. ......