Donovan v Needham
| Jurisdiction | England & Wales |
| Judgment Date | 06 March 1836 |
| Date | 06 March 1836 |
| Court | High Court of Chancery |
English Reports Citation: 47 E.R. 206
HIGH COURT OF CHANCERY
For subsequent proceedings see 9 Beav. 164.
[30] donovan v. needham. March 6, 1836. [For subsequent proceedings see 9 Beav. 164.] Will, Construction of. Maintenance Clause. Mr. Donovan, by his will, devised his mansion-house in Sussex to the use of his wife for life, remainder to his son, G. Donovan, in tail, with remainders over. And the testator gave and bequeathed to his son, G. Donovan, £20,000 3 per cent, consols, to be paid to him on his attaining the age of twenty-one years; and in [31] case his DONNELLY M. EARL OF SHREWSBURY V. COTTINGHAM 207 son, G. Donovan, should die before he attained his age of twenty-one years, he gave and bequeathed the said sum of £20,000 to his, the testator's, eldest son living at the time of his death. And he declared, that the whole of the residue of his estate, after payment of £2000 to his wife, and the said sum of £20,000 to his son, should go to trustees, to be converted into money, and the produce thereof to lie in trust for his wife for life, and, after her decease, in trust for his younger children, born at the time of his death, or in due time after, equally to be divided between them, the sons to take at twenty-one, arid the daughters at that age or marriage. And there was a general direction, that the trustees should, out of the said residue, during the minorities of his children, pay and advance such sums for their maintenance and clothing, and also for placing them out to a profession or business, as they, the trustees, should in their discretion think necessary. And the testator willed, that such sons taking the bequest of £20,000 should not take any part of the residue, except such son happened to be an only child. The testator made a codicil, dated November 1830, whereby, after reciting his wife's death, he gave certain other benefits to his children ; and, in November 1832, he made another codicil, whereby he gave to his son, G. Donovan, the further legacy of £15,000, to be paid at such time, manner, and form, as, by his will, was expressed of the sum of £20,000. The testator died on the 10th of December 1832. On his death, the bill was filed by the younger children against the executors and G. Donovan for establishing the will, and praying, amongst other things, that it might be referred to the Master to ascertain what ought to be allowed for the maintenance of the children. The...
To continue reading
Request your trial
-
Mackworth v Hinxman
...shares therein mentioned, in trust, that his trustees did and should receive the interest, dividends, and annual 206 DONOVAN V. NEEDHAM DONNELLY 30. produce of the said shares, when and as the same should become due and payable, and pay the same to his nephew, Sir Gilbert Afflick, for life,......
- Donovan v Needham
-
Faith on the Farm: An Analysis of Angola Prison?s Moral Rehabilitation Program Under the Establishment Clause
...71 The second Establishment Clause test, the Endorsement Test, was first articulated by Justice O’Connor in her concurrence in Lynch v. Donnelly , 30 a case regarding the constitutionality of a public Christmas display consisting of secular decorations and a nativity scene depicting the bir......
-
Charles Earl of Blesinton estate: vesting estates in Dublin, Kilkenny and Tyrone in trustees for sale, for payment of debts, and other provisions Act 1846
...Margaret Keatinge 35 0 0 Ditto Ditto Ditto William Clarke 25 0 0 Ditto - Ditto Canal Side Michael Mangan 15 0 0 Ditto Ditto Ditto Bridget Donnelly 30 7 6 Ditto Ditto Ditto Henry Manning 10 0 0 Ditto Ditto Ditto William Tassie 0 5 0 Ditto Ditto Circus John Mealy - 9 14 8 Ditto Ditto Ditto Ma......