Ellis v Bartrum
| Jurisdiction | England & Wales |
| Judgment Date | 03 December 1857 |
| Date | 03 December 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 576
ROLLS COURT
[107] ellis v. bahtrum (No. 1). Dec. 3, 1857. A testator, by his will, gave F. B. 80 per annum long annuities to the year 1860, and a "deferred annuity" of 80 from Christmas 1859. By a codicil (which did not mention F. B.'s name) he said, I direct that my executors "make my long annuities of 80, instead of 80, be only 30 per annum, and a reversionary annuity purchased on her life, 30, as I have lately expended money on her account." Held, that F. B. was referred to, and that she was entitled to 30 a year only. The testator, by his will, dated in August 1855, gave, among other bequests, as follows:- MBEAV.108. ELLIS V. BARTRUM 577 "I give and bequeath to Frusanna Brooker 80 per annum long annuities to the year i860, to be receivable and to be her property so long as she may remain unmarried ; and I also bequeath to her a deferred annuity of 80 per annum, payable half-yearly in her life, so long as she may remain unmarried, and the first payment of such deferred annuity to commence at Michaelmas or Christmas 1859; the said deferred annuity to be safe and certain to her, and purchased by my executors." The testator made a codicil, dated the 13th of October 1856, in the words following :- " I, John Ellis, do make this my last (and now only) codicil to alter my will of 21st August 1855. I will and direct that my executors and trustees make my long annuities of 80, instead of 80 be only 30 per annum, and a reversionary annuity purchased on her life for 30, as I have lately expended money on her account." The testator died on the 31st day of October 1856. The Chief Clerk certified that, under the testator's will and codicil, Frusarma Brooker was entitled to receive 30 per annum long annuities to the year 1860, so long as she remained unmarried, and from the expiration of the long annuities she was entitled to receive [108] an annuity of 30 per annum, payable half-yearly during her life, so long as she remained unmarried. The legatee, Frusanna Brooker, applied to vary the certificate by certifying that during her life, and until her marriage, she was entitled to 80 per annum long annuities to the year 1860, and an annuity of 80 per annum from the expiration of the long annuities. Mr. R. Palmer, for the Plaintiff. Mr. W. D. Lewis, for Frusanna Brooker. By the will there is a clear gift of the 80 a year to the legatee; of this she cannot be deprived except by expressions equally clear in the...
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Murphy v Donnelly
...656. Re Phene's TrustsELR L. R. 5 Eq. 346. Daniell v. DaniellENR 3 De G. & S. 337. Garvey v. Hibbert 19 Ves. 125. Ellis v. BartrumENR 25 Beav. 107. Pyot v. PyotENR 1 Ves. Sen. 337. Hare v. CartridgeENR 13 Sim. 165. Boys v. BradlyUNKENRENR 17 Jur. 159. [S. C. 10 Hare, 389; 4 De G. M. & G. 58......