Cotton v Cotton
| Jurisdiction | England & Wales |
| Judgment Date | 09 July 1839 |
| Date | 09 July 1839 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 1104
ROLLS COURT
S. C. 8 L. J. Ch. (N. S.), 349; 3 Jur. 886. See Booth v. Vicars, 1844, 1 Coll. 11. Followed, In re Thompson, 1886, 55 L. T. 85.
[67] cotton v. cotton. July 9, 1839. C. 8 L. J. Ch. (N. S.), 349 ; 3 Jur. 886. See Booth v. Vicars, 1844, 1 Coll. 11. J4W-. t." :v- Followed, In re Thompsm, 1886, 55 L. T. 85.] Bequest to A. or his legal representatives. A. was dead at the date of the testator's will, having bequeathed his property on particular trusts. Held, that A.'s next of kin, according to the Statute of Distributions, were entitled to the fund. Joseph Cotton, by his will dated in 1827, bequeathed his personal estate unto his wife, his two brothers and a Mr. Davis, upon trust to invest the same, and pay the dividends of one moiety to his wife for life or during widowhood, and subject thereto, to stand possessed of such moiety, and also the remaining moiety, upon trust for his children. The testator died in 1828, leaving his widow and nine children surviving him; .and his will was proved by his widow and his two brothers. Subsequently, in 1834, John Lloyd made his will, by which, amongst other things, le gave as follows : " I direct that all the rest of my property, by which I mean money in the funds or elsewhere, after payment of my debts and funeral expenses and such legacy duty as I may hereafter direct to be paid out of my estate, and after payment of the same, I intend to bequeath to my executors, be divided between the gentlemen hereafter named who were supra cargoes in the China service of the East India Company, or the legal representatives of the said gentlemen, in the proportion that the sums set against their names bear to each other." The testator then enumerated twelve persons, opposite to whose names he placed different figures, and amongst the names was placed that of the first testator, Joseph Cotton, in the following manner:- " Joseph Cotton, Esq. . . .3402." [68] The aggregate of the numbers so placed opposite to the names amounted to .18,350. The testator afterwards proceeded as follows: "Should any of the gentlemen before mentioned or their representatives decline to accept the bequest I have made to them, every bequest, acceptance of which may be declined, is to SBEAV.69. GEEEN V. PCJLSFORD 1105 augment the proportions of the other parties, till they are, if possible, completely satisfied." The testator John Lloyd died in December 1837, and the sum ascertained to...
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