Francis v Clemow
| Jurisdiction | England & Wales |
| Judgment Date | 27 February 1854 |
| Date | 27 February 1854 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 184
HIGH COURT OF CHANCERY
S. C. 23 L. J. Ch. 288; 18 Jur., 223; 2 Eq. R. 426; 2 W. R. 308. See Wheeler v. Howell, 1857, 3 K. & J. 202; Castle v. Gillett, 1873, L. R. 16 Eq. 532; Gainsford v. Dunn, 1874, L. R. 17 Eq. 408.
Will. Charge of Legacies. Residuary Devise.
[435] francis v. clemow. Feb. 25, 27, 1854. :[S. C. 23 L. J. Ch. 288; 18 Jur. 223; 2 Eq. E. 426; 2 W. E. 308. See Wheeler v. Hmvell, 1857, 3 K. & J. 202; Castle v. Gittett, 1873, L. E. 16 Eq. 532; Gainsfrnd v. Dunn, 1874, L. R. 17.Eq. 408.] '. Will. Charge. *of .Legacies. - Residuary Devise. A. testator gave some pecuniary legacies, and devised a certain, farm and lands to his wife for such term and at such rent as his brother Robert should think fit, and then gave, devised and bequeathed all' the rest, residue: and remainder of his real KAY, 436. FRANCIS? U; CLEMOW 185 and personal estate to his son James, and [appointed him executor.' Held, that the residuary form of the devise to the; executor made the legacies, a charge upon the real estate, notwithstanding that a previous interest in real estate was given by the will. (See the next case.) -.;.. ; Francis Clemow, by his will, dated the 3d of May 1839, after directing payment of his debts, and giving some pecuniary legacies, and making certain specific bequests, gave to his daughters Charlotte and Emma 150 each, to be paid to them respectively on the day of their marriage; and, in ease both or either of his daughters should discontinue living with his sons Joseph and James, he directed that interest at 4 per cent, should be paid on their legacies ; and, after bequeathing certain annuities, the testator directed that his wife should hold and enjoy his farm and lands of Tresawna, for the purpose of bringing up his children, for such term and at such rent as his brother Eobert should think fit; but if his son James was desirous of occupying the said farm and lands he was to be at liberty to do so on his placing the testator's wife and children on a farm of about the same yearly value as Tresawna; and the testator gave, devised and bequeathed all the rest, residue and remainder of his estate and effects, both real and personal, unto the said James Clemow, his heirs, executors, administrators and assigns, whom he thereby nominated his executor. The testator died on the 30th of May 1839 ; and on the 30th of October 1839 his will was proved by James Clemow, who paid the debts and the several...
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