Constantine v Constantine
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 29 May 1801 |
| Date | 29 May 1801 |
English Reports Citation: 31 E.R. 958
HIGH COURT OF CHANCERY
See Sherratt v. Bentley, 1834, 2 My. & K. 164.
constantine?;. constantine. Bolls. May 29th, 1801. [See Sherratt v. Sentley, 1834, 2 My. & K. 164.] Rules of construction of wills : Every word to have effect, if not inconsistent with the general intention ; which is to control : If two parts are totally inconsistent, the latter prevails : If a meaning can be collected, but it is wholly doubtful, in what manner it is to take effect, it is void for uncertainty. This bill was filed by executors to have the rights of the parties under the following obscure will of John Constantine, a goldsmith, ascertained. After directing his debts, funeral expences, &c., to be paid out of his estate and effects by his executors, and appointing his nephews Richard and Jonathan Constantine to be his executors, he proceeded thus : " I give and bequeath all my household furniture of every description, plate " and linen, china, watches, rings, diamonds, pier glasses, images, pictures, and all " the books, and my meaning is that she shall have all my cloaths at her own disposal " and every thing within the house, unto my dearly beloved wife Margaret Con-" stantine, for her own use. I also give and bequeath, unto my dearly beloved wife " Margaret Constantine upon trust during her life the interest of sundry funds " now standing in my name at the Bank of England, that is to say, New 5 per cents. " 4 per cents. 3 per cent, consols, 3 per cent. Reduced Annuities, 3 per cent. Annuities " 1726, 3 per cent. Imperial Annuities, Short Annuities, Long Annuities, Imperial " Annuities, and New South Sea Annuities and it is my will and. desire that my " executors grant a power of attorney to my said wife or to whom she shall appoint " to receive her dividends. My will is that my executors sell stock if wanted but " what remains unsold to be kept in my name until after the death, of my dear wife. " I give my said wife 1000 3 per cent, consols, to be paid her immediately after my " decease, provided there is not money sufficient to pay her out of monies in hand. " I give unto my niece Jane Constantine daughter of my brother Henry Constantine, " deceased [101] 3000 reduced annuities after the death of my dear wife I leave " my brother John Constantine of Settle Yorkshire 30 per annum, from my death " during his life allowing now 20 a year from the rent of the houses I have upon " mortgage and after my...
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Judi Barbara Bonham v Carole Stringer
...the motives by which he has been actuated in his dispositions.” 8 One such rule of construction was that expressed in Constantine v Constantine (1801) 6 Ves 100, 102, by Sir William Grant MR: “1 know no rule I can adopt more safely than that which 1 did adopt in ( Sims v. Doughty 5 Ves. 243......
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Judi Barbara Bonham & Anor v Carole Stringer & Ors
...the motives by which he has been actuated in his dispositions.” 8. One such rule of construction was that expressed in Constantine v Constantine (1801) 6 Ves 100, 102, by Sir William Grant HHJ Paul Matthews Approved Judgment Bonham v Stringer, PT-2024-BRS-000042 “1 know no rule I can adopt ......
