Foster v Smith
| Jurisdiction | England & Wales |
| Judgment Date | 06 March 1845 |
| Date | 06 March 1845 |
| Court | High Court of Chancery |
English Reports Citation: 41 E.R. 772
HIGH COURT OF CHANCERY
S. C. 2 Y. & C. C. C. 193; 15 L. J. Ch. 183. See Brayne v. Rees, 1866, 15 L. T. 349; Gee v. Mahood, 1878, 9 Ch. D. 158.
[629] foster v. smltk. March 4, 6, 1845. [S. C. 2 Y. & C. C. C. 193; 15 L. J. Ch. 183. See Bmi/ne v. Rets, 1866, 15 L. T. 349 ; Gee v. Maliood, 1878, 9 Ch. D. 158.] Upon a devise of real estates in trust, to receive the rents, and thereout to pay to the testator's widow an annuity, and " from and immediately after her death" to-convey the estates to his three sisters : Held (reversing the decision below), that the annuity was a charge only on the rents which accrued during the life of the widow, and not on the corpus of the estates. The question in this case arose upon the construction of a will, by which the testator devised his freehold and leasehold estates to trustees, on trust to receive the. rents, issues, and profits thereof, when and as they should become due and payable,, and thereout to pay to his wife, if she should survive him, the clear annuity of ,200 during the term of her natural life, for her sole and separate use, and not to be-subject to, the control or engagements of any future husband ; the said annuity to be paid by four equal quarterly payments, on Lady-day, Midsummer-day, Michaelmas-day, and Christmas-day, without any deduction for taxes ; the first quarterly payment to be made on such of the said days as should happen next after the testator's decease, and from and immediately after the decease of his wife, then upon this further trust, that they, his said trustees, or the survivor, &c., should convey and assign his said freehold estate unto and to the use of his three sisters, their heirs and assigns for ever as tenants in common: and upon this further trust, as to his said leasehold estate, that upon and immediately after the decease of his said wife, they, his said trustees, or, &c., should assign all and singular his said leasehold premises to his said three sisters, to hold to them, their executors, &c., for all the residue of the terms which might then be unexpired therein, in equal shares, and upon and for no other use, trust, or purpose whatsoever. And he named the same three sisters his residuary legatees. The testator died in 1823. For some years after his death the rents of the estate were sufficient to pay the [630] annuit}' to the widow; but afterwards they became insufficient; and upon her death in July 1839, there was...
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