Ex parte Rogers
| Jurisdiction | England & Wales |
| Judgment Date | 03 April 1816 |
| Date | 03 April 1816 |
| Court | High Court of Chancery |
English Reports Citation: 56 E.R. 400
COURT OF THE VICE-CHANCELLOR OF ENGLAND
See Dowling v. Dowling, 1865-66, L. R. 1 Eq. 447; L. R. 1 Ch. 615.
[449] Ex parte rogers. [March 29, April 3, 1816.] [See Bowling v. Bowling, 1865-66, L. R. 1 Eq. 447; L. R. 1 Ch. 615.] Children by implication held to be entitled to a legacy. The petition stated that George Dudley, Esq., by his will 12th July 1774, amongst other bequests, gave and bequeathed to Mary Dudley Rogers, to George Rogers, to Francis Rogers, to John Rogers, Juri., and to Hester Hudson Rogers, sons and daughters of his nephew and niece John and Hannah Rogers, to each of them 1000 payable in three months after his decease to such of them as should then be of age, and as to those under age, the money to be paid at the same time for their use to their father and mother, and to the survivor of them until they should attain the age of twenty-one years; and the said testator as to all the rest and residue of the estate of what nature or kind soever, which he was then or at the time of his decease should or might be possessed of, interested in or entitled to, he gave, devised and bequeathed the same to said John and Thomas Misenor, their executors and acl-[450]-ministrators upon trust to lay out and invest the same in the public funds, and to pay the interest to Defendant J. Rogers during the life of his wife, Defendant Hannah Rogers, and to her only if she should survive him, subject to deduction from the principal for the maintenance, education and advancement of the children of said John and Hannah Rogers; and after the decease of said Hannah Rogers, to pay and apply the same to and amongst all and every the child and children of said Hannah Rogers who should be then living, and to be paid at his or her age of twenty-one years; and if but one child be living at the time of the decease of said Hannah Rogers, then to such only child; and of his will appointed John Misenor, Thomas Misenor, and John Rogers, executors. By a codicil, 18th August 1775, the testator thus expressed himself : " Whereas by my last will and testament before mentioned, I have bequeathed to my niece Mary Dudley Rogers of Mile End, 1000, but she having since indiscreetly married, I 2 MADD. 181. EX PARTE ROGERS 401 mean to withdraw that legacy out of her power to dispose of it, or out of the power of her husband to do so; and therefore I order and direct that my executors do secure to her my said niece the annual interest of the said 1000 independently of her said husband, by placing out that said sum in the public fund or Government securities, in trust for her my said niece, she to enjoy the interest or dividends during...
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