Graves v Graves
| Jurisdiction | England & Wales |
| Judgment Date | 04 May 1836 |
| Date | 04 May 1836 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 18
HIGH COURT OF CHANCERY
S. C. 5 L. J. Ch. (N. S.) 270.
Will. Construction. Debts charged on Real Estate.
[43] graves v. graves. May 4, 1836. [S. C. 5 L. J. Ch. (N. S.) 270.] Will. Construction. Debts charged on Real Estate. Testator directed all his debts, legacies and funeral expenses to be paid as soon as conveniently might be after his decease. Afterwards he devoted a particular estate to the payment of his debts, legacies and funeral expenses in aid of his personal estate, and devised the rest of his estates to his children in strict settlement. Held, nevertheless, that all his real estates were charged with his debts. E. M. Graves, by his will, dated the 28th of March 1814, directed that all Us debts, legacies and funeral expenses should be paid as soon as conveniently might be after his decease. He then gave some pecuniary legacies, which he directed to be paid as soon as might be after his decease, without any deduction being made thereout for legacy duty or otherwise; all which legacy duties he desired might be paid out of his estate and effects. He then gave some specific legacies, and directed that the several personal articles and things thereinbefore by him given should in nowise be subject to the payment of his debts, legacies and funeral expenses. And, as to his estate called Ocle Court, in the county of Hereford, he devised the same to trustees, in trust to sell the same as soon as conveniently might be after his decease, and to apply the proceeds in, for and towards the payment and discharge of all and every his debts, legacies and funeral expenses, so far as his personal estate should not extend or be sufficient to pay and discharge the same, and in aid of his said personal estate, but exclusive, nevertheless, of the legacies of 1000, 2000 and 4000 thereinafter directed to be raised and paid out of the residue of his real estates, by virtue of the trusts of the term of 1000 years thereinafter created; it being his intent and meaning that those legacies, or any of them, or any part or parts thereof, should not in anywise be raised and paid out of his personal estate, or out of the monies to arise by the sale of his Ocle Court estate : [44] and, after the full payment of all his debts, legacies and funeral expenses, to divide the residue of the monies to be produced by such sale unto and between his son John Graves and his daughter Elizabeth Graves, their executors, administrators and assigns. And, as to all the rest of his real estates, whereof he or any person or persons in trust for him were or was seised either in possession, remainder, reversion, expectancy or otherwise howsoever, he gave and devised the same and every part and parcel thereof, to the use that his wife should receive, thereout, a rent-charge of 200 a year for her life, over and above all other legacies and provisions given to or made for her by his will or by the settlement made on her marriage with him, to be issuing out of all and every his said residuary real estates : and he declared that the provision thereby made for his wife, together with the provision made for her by their marriage settlement, should be taken by her for and in the nature of a jointure and in lieu of dower: and he gave his said residuary estates, subject to the rent-charge, to the trustees, for the term of 1000 years, to be computed from the day of his decease, upon the trusts thereinafter declared concerning the same: and, subject thereto, to the use of his son, Morgan Graves, for his life, with remainder to trustees to preserve, &c., with remainders to his son's first and other sons in tail male, with remainders to his first and other daughters in tail male, with remainder to his, the testator's sou, John Graves, and his sons and daughters in 8 SIM. 48. GRAVES V. GRAVES 19 like manner, with remainder to his daughter, Elizabeth Gravea, and her sons and daughters in like manner, with remainder to the heirs of the body of his son, Morgan Graves, with remainder to the heirs of the body of his son, John Graves, with remainder to the heirs of the body of his daughter, Elizabeth Graves, [45] with remainder to his own right heirs. And he declared the trusts of the term of 1000 years to be for raising the rent-charge of 200 a year, and, subject thereto, for raising and paying to his wife the sum of 1000, with interest from the day of his death, and for raising the two sums of 2000 and 4000 with interest from the same time; and he directed his trustees to stand possessed of the 2000 on certain trusts for the benefit of his daughter, Elizabeth Graves, and her children, and of the 4000 on certain trusts for the benefit of his son, John Graves, and his children: and he declared that, after the decease of his wife, and after full payment of all arrears of the rent-charge of 200, and also from and immediately after the sums of 1000, 2000 and 4000 thereinbefore by him directed to be raised by virtue of the trusts of the term of 1000 years, and the interest thereof should be raised and paid, and when and as all and every the trusts thereinbefore by him declared of and concerning the same term should be fully performed and satisfied according to the true intent and meaning of his ivill, either by becoming unnecessary or incapable of being performed by any ways or means whatsoever, and when the trustees should be fully reimbursed and satisfied all costs, charges and expenses occasioned by or relating to the execution of the trusts thereby in them reposed, or if the person or persons to whom the next estate of inheritance in his said several residuary real estates comprised in the term of 1000 years, in reversion or remainder expectant on the determination of that term, should, for the time being, belong, should pay or cause to be paid all the sums of money thereinbefore by him directed to be raised and paid under and by virtue of the trusts of the said term, together with all such costs, charges and expenses...
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