Gover v Davis
Jurisdiction | England & Wales |
Judgment Date | 19 November 1860 |
Date | 19 November 1860 |
Court | High Court of Chancery |
English Reports Citation: 54 E.R. 612
ROLLS COURT
S. C. 30 L. J. Ch. 505; 7 Jur. (N. S.) 399; 9 W. R. 87. See In re Maberley's Settlement Trusts, 1871, 24 L. T. 263.
[222] gover v. davis. Nov. 19, 1860. [S. C. 30 L. J. Ch. 505 ; 7 Jur. (N. S.) 399 ; 9 W. E. 87. See In re Maberley's Settlement Trusts, 1871, 24 L. T. 203.] A testator bequeathed to his wife his pay, " clothing, money and moneys that may be now due or may become due to me at my decease, also the whole of my property and effects, that is to say, my box, clothes, bedding," &c,, &c. Held, that the whole residue passed, including a reversionary interest in the produce of the sale and conversion of a residuary real and personal estate of another testator. The testator, Robert Parnham (a Serjeant in the East India Company's service) died at Cawnpore in April 1846. By his will, dated the 19th of June 1845, h& bequeathed as follows :- " 3dly, to my loving wife, Caroline Parnham, I hereby bequeath the whole of my pay, balance of pay, clothing, balance of clothing, money and moneys that may be now due or may become due to me at my decease, also the whole of my property and effects, that is to say, my box, clothes, bedding, &c., &c., I bequeath to my wife Caroline Parnham." The testator, at the date of his will, and at his decease, waa entitled, in remainder, under the will of Sir John Lawford deceased, to one-eighth share of the proceeds of the sale and conversion into money of Sir John Lawford's residuary real and personal estate, for a vested interest, expectant on the decease of Sir John Lawford's widow. He waa, in like manner, entitled in remainder, under the will of William (lover Bridger, to one-sixteenth part of the oiie-oighth share of William Gover Bridget-under the will of Sir John Lawford of the proceeds of the same residuary real and personal estate. The widow of Sir John Lawford died in 1853, and his estate was then realised and administered in this Court. The share of the testator had been paid to the Plaintiffs as the administrators in this country of the testator. The bill prayed for the administration of Robert [223] Parnham's estate, and that it might be declared whether the shares of Robert Parnham in the residuary estate of Sir John Lawford were comprised in and bequeathed by the will of Robert Parnham. Mr. Shebbeare, for the Plaintiffs, the administrators. Mr. Selwyn and Mr. Shebbeare, jun., for the widow, argued that the reversionary interest passed either...
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