Goodfellow v Goodfellow
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1854 |
| Date | 01 January 1854 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 141
ROLLS COURT.
18BEAV. IM. GOODFELLOW V, GOODFELLOW 141 [356] goodfellow v. goodfellow. Feb. 21, 22, March 27, 1854. A bequest in favour of the testator's two children, then born (by name), and the child " of which his wife was then enceinte:" Held, on the context, to include, besides the above three, a fourth child, born three years after the date of the will. A testator, in 1831, devised his copyhold messuages to trustees, upon trust to permit his wife to occupy one of them during the minority of his youngest child, and to apply the rents of the others to the maintenance, &c., of his children, Thomas and John "and the children or child of which his wife was then enceinte," during minority, making thereout a provision for his wife. The testator then provided for the advancement of his " said children," the division of the messuages among them at twenty-one, arid for benefit of survivorship among them. He also bequeathed his personal estate on the like trusts in favour of his " said children," and in all thesa eases he added the words " as well the children or child of which my wife is so enceinte as those already born;" but in several instances he simply used the words, "said children," and in one instance omitted "said." In 1847 the testator made a codicil disposing of freeholds and copyholds acquired since the date of the will, on the same trusts and confirming the will. The child of which the wife was encemte was afterwards born, and subsequently, in 1835, a fourth child was born. Held, first, that the fourth child was entitled to a share, and secondly, that the widow was put to her election. Thomas Goodfellow, by his will, dated 6th December 1831, after charging his real estate with his debts, &c., in aid of his personal estate, devised fifteen copyhold messuages to trustees, upon trust to permit his wife Elizabeth to occupy the dwelling-house (one of the messuages) wherein he then lived, during the minority of " his youngest child," without paying rent, in case she continued his widow; and to apply so much of the rents and profits of the other messuages as his trustees, in their discretion, should think proper in the maintenance, education and bringing up " of his children, Thomas Goodfellaw and John Goodfellow, and the children or child of which his wife was then eneeinte," during their respective minority, and to make such allowance, out of the said rents and profits of the said messuages, unto his said wife as his said trustees or the survivor, &c., should think proper; and the testator declared that the provision thereby intended or authorized to be allowed for his said wife should only be allowed and paid to her in the event of her continuing his widow. And the testator empowered his [357] trustees or trustee, for the time being, to make any advancement they might think proper in placing out his said children apprentices to professions or trades, " as well the child or children of which his said wife was so enceinte, as those already born." And when " all his children " should have attained the age of twenty-one years, upon trust that his said trustees or trustee, for the time being, should stand possessed of his said messuages or dwelling-houses, hereditaments and premises to and for the use and behoof of all and every his said children, as well the child or children of which his said wife was enceinte, as the said children already born, their heiis and assigns for ever as tenants in common. And the testator empowered his said trustees or trustee, for the time being, to allow his said children to make a division amongst themselves of his said messuages and premises, if they should be desirous of so doing; but in case his said children should prefer a sale, and -an equal division of the money thereby arising, then he directed his trustees or trustee for the time being to sell the said messuages and premises...
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Pasmore v Huggins
...and he could not reasonably have contemplated future children. There was a case before the Court lately (Goodfellaw v. Goodfellow (18 Beav. 356)), in which a bequest to two children then born, by name, and " the child of which his wife was then enceinte" was held to extend to a fourth child......