Genery v Fitzgerald
| Jurisdiction | England & Wales |
| Judgment Date | 19 March 1822 |
| Date | 19 March 1822 |
| Court | High Court of Chancery |
English Reports Citation: 37 E.R. 927
HIGH COURT OF CHANCERY
See Kidman v. Kidman, 1871, 40 L. J. Ch. 361; Bellairs v. Bellairs, 1874, L. R. 18 Eq. 517; In re Dumble, 1883, 23 Ch. D. 360; In re Williams, 1886, 54 L. T. 831; In re Townsend's Estate, 1886, 34 Ch. D. 361; In re Burton's Will, [1892] 2 Ch. 38.
[468] genery v. fitzgerald. March 19, 1822. [See Kidman v. Kidman, 1871, 40 L. J. Ch. 3(11 ; Bellairs v. Bellairs, 1874, L. E. 18 Eq. 517 ; In re Bumble, 1883, 23 Ch. D. 360 ; In re Williams, 1886, 54 L. T. 831 ; In re Townsend's Estate, 1886, 34 Ch. D. 361 ; In re Burton's Will, [1892J 2 Ch. 38.] Under an executory devise of a residue of real and personal estate, the intermediate rents and profits of the real estate pass, as well as the interest of the, personalty. E. D. Fitzgerald, late of the island of Jamaica, by his will, dated in September 1815, after subjecting hia real and personal estate to the payment of his debts, legacies, and annuities, and giving to Sarah Genery an annuity of £600 per annum for her life, and making provision for the maintenance of his reputed children, Edward, Thomas, and William Fitzgerald, during their minorities, proceeded thus : " All the rest, residue and remainder of my estate, real, personal, or mixed, or of what nature or kind soever the same may be or consist, and wheresoever situate, subject as aforesaid, I give, devise, and bequeath the same, and every part thereof, unto the eldest of my said three reputed children, E. F., T. F., and W. F., who shall attain the age of twenty-one years, his heirs, executors, administrators, and assigns for ever, charged and chargeable with the sum of £10,000 sterling money as aforesaid, to each of his brothers, if they or either of them shall attain their said age of twenty-one years, and also with the legacy to my executors hereinafter mentioned, in case they or either of them qualify and act under this my last will and testament." He gave to each of his executors £100. The testator died soon after making his will. He was seised (subject to a mortgage) of some real estates in the island of Jamaica, with the buildings, the slaves, the cattle, and other stock upon them. The Defendant, Thomas Fitzgerald, the brother and heir at law of the testator, claimed to be entitled to these premises, and [469] to the rents and profits subject to the mortgage, until one of the infant sons of the testator should attain the age of twenty-one, and to be...
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