Drakeford v Drakeford
| Jurisdiction | England & Wales |
| Judgment Date | 26 June 1863 |
| Date | 26 June 1863 |
| Court | High Court of Chancery |
English Reports Citation: 55 E.R. 282
ROLLS COURT
S. C. 9 L. T. 10; 11 W. R. 977. Distinguished, Howard v. Collins, 1868, L. R. 5 Eq. 351. See In re Featherstone's Trusts, 1882, 22 Ch. D. 119; Kingsbury v. Walter [1901], A. C. 194.
[43] drakeford v. drakeford. June 23, 26, 1863. [S. C. 9 L. T. 10; 11 W. E. 977. Distinguished, Howard v. Collins, 1868, L. R. 5 Eq. 351. See In re Featherstme's Trusts, 1882, 22 Ch. D. 119; Kingsbury v. Walter [1901], A. C. 194.] Construction of a bequest to the survivors of a class after the death of two successive tenants for life. A testator bequeathed his funded property to his widow for life, and afterwards to his brother for life, and then to be equally divided amongst his brother's " surviving legitimate children and my niece R. W.:" Held, that the survivorship had reference to the death of the brother only. Bequest to a brother for life, and at his death " to be equally divided amongst his surviving children and ray niece R. W. :" Held, that this was not a gift to a class; and, R. W. having died in the life of the testator, that R. W.'s share lapsed. Lieutenant Colonel William Lewis, by his will, dated the 4th September 1816, gave and bequeathed as follows :- " In case my dearest wife, Rosamond Lewis, should survive me, I give, with the following deduction, to her sole use and disposal, during her natural life, the half-yearly interest arising on my property funded in the Bengal six per cent, loans, the principal of which amounts to sicca rupees 202,500 (two hundred and two thousand five hundred): I also leave absolutely to my wife all my unfunded property, in cash, bills, jewels, plate, furniture, &c., &c., &c. The deduction above alluded to is, of 300 (three hundred pounds) sterling a year, to be paid, by half-yearly instalments, to my brother Henry Lewis, or in case of his decease to my nephew Henry Lewis, the son of the former. At the death of my wife Rosamond, I direct that annuities of 100 (one hundred pounds) sterling a year each shall be purchased (should they be surviving) out of the principal of my property, for the separate lives of my sisters-in-law Barbara Willows and Jane Willows, and for that of my niece and goddaughter Rosamond Willows. After the above shall have been effected, I bequeath the half-yearly interest arising on my funded property to my brother Henry Lewis for his natural life, at whose death the principal is to be equally divided amongst his surviving legitimate...
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Re Fox's Will
...any brother and sister of the testator. (Reg. Lib. 1865, A. fol. 1932.) note.- See Knight v. Poole, 32 Beav. 548 ; Drakefmd v. Drake/aril, 33 Beav. 43. English Reports Citation: 55 E.R. 857 ROLLS COURT Re Fox's Will [163] Re Fox's will. July 22, 24, 1865. Under a bequest to two successivel......