Evans v Crosbie
| Jurisdiction | England & Wales |
| Judgment Date | 23 June 1847 |
| Date | 23 June 1847 |
| Court | High Court of Chancery |
English Reports Citation: 60 E.R. 753
HIGH COURT OF CHANCERY
S. C. 16 L. J. Ch. 494; 11 Jur. 510. Observed upon, Windus v. Windus, 1856, 6 De G. M & G. 562; 43 E. R. 1352.
Residuary Legatee. Will. Construction.
15 SIM. oo. EVANS V. CROSBIE 753 [600] evans v. crosbie. June 23, 1847. [S. C. 16 L. J. Ch. 494; 11 Jur. 510. Observed upon, Hindus v. Wind-as, 1856, 6 De G. M. & G. 562; 43 E. E. 1352.] Residuary Legatee. Will. Construction. Testator gave all his real and personal estate to his brother James and his nephew Malcolm, their heirs, executors, &c., in trust, by or out of his personal estate, or by sale, mortgage or other disposition of hi* real estate or any part thereof, to pay his sister 1500; and, after giving 1000 to his brother James, he left to his brother Donald 2000, and added, " and also to be my residuary legatee." After which he gave 200 to another of his sisters. Held, that Donald was the testator's residuary devisee as well as legatee. Malcolm Currie made his will, dated the 27th of February 1834, in the following words:-" I give and bequeath all my real and personal estate in possession, reversion, expectancy or remainder, wheresoever situated in England (except my twelve shares in the Westminster Gas Company), unto my brother, Donald Currie, of Regent Street aforesaid, and onto my nephew, Malcolm Douglas Crosbie, also of Regent Street aforesaid, and their heirs, executors, administrators and assigns, upon trust that they, or the survivor of them, or the heirs or assigns of such survivor, do and shall, as soon as conveniently may be after my decease, by or out of my personal estate, or by sale, mortgage or other disposition of my real estates or any part thereof, pay unto my siater, Flora Croabie, the sum of 1500 for her own absolute use and benefit, clear of any control by her husband, Captain Crosbie; the interest to be paid to her on her own receipt during her life; and, at her demise, the sum of 1000 to go to her daughter, Eliza Crosbie, and 500 to her son, the said Malcolm Douglas Croabie. [601] I leave and bequeath unto my brother, James Currie, the sum of 1000, to be laid out at eligible security, and the interest to be paid to him during his life, and, at hia demise, the said sum to be divided amongst his surviving children, giving his son, Malcolm Currie, 100 towards completing his medical education. I leave and bequeath unto my brother, Donald Currie, the sum of 2000, and also to be my residuary legatee. I...
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