Edmund Okeden, Plaintiff; (1) and Peter Walter, John Bond, William Okeden, Johngould and Mary his Wife, Conyers Place the Younger, Clerk, and Magdalen, his Wife, and William Okeden, an Infant, the Son of the Plaintiff, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1738 |
| Date | 01 January 1738 |
| Court | High Court of Chancery |
English Reports Citation: 25 E.R. 1061
HIGH COURT OF CHANCERY
WEST T. HAED. 514. OKEDEN V. WALTER 1061[514J edmund okeden, Plaintiff; (1) and peter walter, john bond, william okeden, johngould and mary his Wife, conyeb& place the Younger, Clerk, andMAGDALEN, his Wife, and william okeden, an Infant, the Son of the Plaintiff, Defendants.November 15th and llth, 1738. 1 Atk. 550.William Okeden by his will directs that his debts and legacies and also the sum of £5000 due to his daughter should be paid out of his personal estate, but if that should be insufficient then he devises certain estates upon trust to sell the same or any part thereof, and thereby pay of his debts and the said £5000, and such part as should not be sold, and all other his lands he devised to trustees for 300 years with remainder to the defendant, William Okeden, for life, remainder to his first and other sons in tail male with like remainder to the plaintiff and his first and other sons ; and he declared the trusts of the 300 years term to be that the trustees should receive the rents, issues, and profits thereof, and thereout after paying a pertain annuity should apply such sums as they should think fit for the maintenance, placing out, and education of the plaintiff anddefendant,histwo natural sons, until they should attain the age of twenty-five years, and for raising the £5000 for the plaintiff, in case he should attain the age of twenty-five; and to apply yearly such sums as should be necessary for the support and reparation of his mansion-house, buildings, and estates, and to pay the residue of the rents and profits to the person entitled to the estate after the term was satisfied.Held, that the sum of £5000 given to the plaintiff was not to be raised by sale, but after payment of the annuity and the maintenance was to be paid out of the rents and profits of the estate until William Okeden attained the age of twenty-five.William Okeden having two natural sons, the plaintiff and the defendant, William Okeden ; and only one legitimate child, Mary Glisson, to whom a sum of £5000 upon his death was secured by a term affecting all his real estates which was created by his marriage settlement; by his will, dated the 29th of January 1716, directed that his debts and legacies, and also the said £5000 due to his daughter should be paid out of his personal estate; and if that should not be...
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