Farmer v Mills
| Jurisdiction | England & Wales |
| Judgment Date | 06 December 1827 |
| Date | 06 December 1827 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 737
HIGH COURT OF CHANCERY
Distinguished, In re Lyne's Estate, 1869, L. R. 8 Eq. 486. Followed, Dudman v. Shirreff, 1870, 18 W. R. 596. See In re Tootal's Estate, 1876, 2 Ch. D. 631; Hichens v. Hichens, 1877, 36 L. T. 9; Robertson v. Broadbent, 1883, 8 A. C. 818.
[86] farmer v. mills. Rolls. Dec. G, 1827. [Distinguished, In re Lyne's Estate, 18G9, L. R. 8 Eq. 480. Followed, Dudman v. Shirreff, 1870, 18 W. E. 590. See In re Tootal's Estate, 187(5, 2 Oh. D. 631 ; Hichens v. Eichens, 1877, 3(5 L. T. 9 ; Robertson v. Broadbent, 1883, 8 A. C. 818.] A testator, by his will, gave certain annuities, and directed that the sums, set apart to secure them, should, as the annuitants died, sink into the residue of his personal estate : By a codicil to his will, he stated, that, in case his property would not provide an income equal to the annuities, they should be rateably reduced : His estate was deficient, arid the annuities were rateably reduced : Upon the death of any annuitant, the sum, set apart to secure the reduced annuity, will belong to the residuary legatees, and is not to be applied to increase the reduced annuities to the amount given by the will. The testator in this case by his will gave certain annuities, which were to be secured by the investment of sufficient sums either in the funds or on mortgage : he directed, that, as the annuitants should die, the sums, by which the annuities were secured, should sink into and become a part of the residue of his estate : and he named several persons as his residuary legatees. By a codicil to his will he stated, that, upon reflexion, he considered it to be probable, that, after full payment of his funeral expenses, debts, and legacies, there might not be property left, which would be adequate to produce interest sufficient to pay the annuities given by his will; and in such case he directed that an equal deduction should be made from each annuity rateably according to its amount, after the expiration of six months from his death : iu which time h&...
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