Donovan v Needham
| Jurisdiction | England & Wales |
| Judgment Date | 02 March 1846 |
| Date | 02 March 1846 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 306
ROLLS COURT
S. C. 15 L. J. Ch. 193; 10 Jur. 150. See In re Thomas George's Estate, 1876, 25 W. R. 182; May v. Potter, 1877, 25 W. R. 508; In re Bowlby [1904], 2 Ch. 712.
.-/&*:// [164] donovan v. needhaji. Jan. 26, March 2, 1846. [S. C. 15 L. J. Ch. 193 ; 10 Jur. 150. See In re Thomas George's Estate, 1876, 25 W. E. 182 ; May v. Potter, 1877, 25 W. R. 508 ; In re Bowlby [1904], 2 Ch. 712.] Interest on legacies is given for delay of payment, and consequently, until the day of payment arrives, no interest is, in general, clemandable. When a legacy is given by a parent to his child, interest is allowed thereon, by way of maintenance, though the day of payment has not arrived. But the rule does not apply where the testator has, by his will, made a provision for the child's maintenance. James Donovan, by his will, dated the 25th of March 1826, after directing his debts to be paid, and giving to his wife a life interest in certain estates and property, gave and bequeathed to her the sum of 2000 to be paid to her in twelve months after his decease, with interest thereon at the rate of 5 per cent., such interest to commence from the day of his death. He afterwards gave his mansion-house at Buckham Hill, and other real estates, to trustees, to the use of his son George and the heirs of his body, with remainder, successively, to the use of his other sons, and tb heirs male of their bodies, with other remainders over. He left and bequeathed to his son George the sum of 20,000 in 3 per cent, consolidated annuities, to be paid to him on his attaining the age of twenty-one years as thereinafter was particularly mentioned And after giving to his son George certain [165] effects at Buckham Hill, he gave to his trustees all other real, freehold or leasehold estates or properties, of what nature or kind soever, or wheresoever situate, to hold to them, according to the nature of the estates, and all stocks, funds, mortgages, judgments, and securities, bonds, bills, notes, and sums due to him by book account, and all personal property of which he should die seised and possessed, and, after payment of the said two respective legacies of 2000 to his wife, and 20,000 consols to his son George as aforesaid, he willed and directed, that his trustees should stand seised aud possessed of the residuum of his said properties, for the use of his younger children, as therein mentioned. After directing the times of paying his...
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Lord Londesborough v Somerville
...and, therefore, till the day of payment arrives, that is, when it is raised, no interest is demandable; Donovan v. Necu.iham (9 Beav. 164); Ivy v. Gilbert (2 P. Wms. 13; Prec. Ch. 583, affirmed 6 Bro. P. C. 68); Evelyn v. Evelyn (2 P. Wms. 659 ; Fitzg. 131). Mr. Lloyd and Mr. J. V. Prior, f......
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...“out of the residue.” W. L. (1) 24 Beav. 448. (2) 63 L. T. (N. S.) 330. (3) 6 Ves. 520. (4) 13 Ves. 333. (5) [1896] 2 I. R. 528. (1) 9 Beav. 164. (2) 2 H. & M. (3) L. R. 16 Eq. 308. (4) 93 L. T. (N. S.) 579. (5) I. R. 2 Eq 326. (6) 2 Vern. 460. (7) 24 Beav. 448. (8) 63 L. T. (N. S.) 330. (9......
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Rudge v Winnall
...ease, the testator has made another provision for the maintenance, and that therefore the rule does not apply as in Donovan v. Needham (9 Beavan, 164); but here the provision is made not out of other funds, but out of the interest. The distinction is pointed at by the Court in Wynch v. Wynd......