Green v Marsden
| Jurisdiction | England & Wales |
| Judgment Date | 25 July 1853 |
| Date | 25 July 1853 |
| Court | High Court of Chancery |
English Reports Citation: 61 E.R. 598
HIGH COURT OF CHANCERY
S. C. 1 Eq. R. 437; 22 L. J. Ch. 1092; 1 W. R. 511. See Burt v. Hellyar, 1872, L, R. 14 Eq. 164.
Will. Trust. Precatory Words.
[646] green v. marsden. July 25, 1853. [S. C. 1 Eq. E. 437; 22 L. J. Ch. 1092; 1 W. E. 511. See Bwrt v. Hellyar, 1872, L, E. 14 Eq. 164] Will. Trust. Precatory Wards. Testator by his will gave certain shares of freehold and leasehold houses to his wife, for Tier sole use and benefit, begging and requesting that at her death she would give and bequeath the same in such shares as she should think proper, and unto such members of her Own family as she should think most deserving of the same. He gave her all his monies in the funds, and all the money he might be entitled to, for her sole use and benefit, begging and requesting that at her death she would give and bequeath what should lie remaining, in such sums as she should think proper, unto such members of her own and his family that she should think most deserving, and were entitled to the same. He made a codicil by which he gave in terms his residuary estate to his wife. Held, that both as to the freehold and leasehold property and the monies there was no trust; but the wife took absolutely. The question in this case turned on the will of Boyle Arthur. By his will the testator gave to his wife " the five shares of the freehold and leasehold messuages or tenements in the City of Bath which belonged to him, and formed part of the property of his wife's father, deceased, to and for her sole use and benefit." The will proceeded thus: " And I beg and request that at her death she will give and bequeath the same in such shares as she shall think proper unto such members of her own family as she shall think most deserving of the same. I give and bequeath unto my beloved wife all my money in the funds, and all other money that I may b entitled to, and for her sole and separate use and benefit; and I beg and request that at her death she wM give and bequeath what shall be remaining, in such sums as she shall think proper, unto such members of her own and my family that she shall think most deserving and entitled to the same, and I hereby appoint my beloved wife sole executrix." The testator made a codicil, by which he bequeathed in terms his residue to his wife; he died in August 1844, leaving his wife surviving: he left no issue. His widow [647] died in 1851, having by her will given the five shares in the houses at Bath and her residuary estate to Dr. Marsden. Mr. Pigott, for the Plaintiffs, the executors of Mrs. Arthur, submitted the case for the decision of the Court. Mr. Daniel and Mr. Bichner, for Dr. Marsden, cited Pushman v. Filliter (3 Ves. 7), Wynne v. Hawkins (1 Br. C. C. 179), Cowman v. Harrison (17 Jur. 313), Wright v. Atkins (Turn. & Euss. 143), Sprange v. Barnard (2 Br. C. C. 585), Harland v. Trigg (1 Br. C. C...
To continue reading
Request your trial
-
Reeves v Baker
...upon them. The Court will not carry the principle a, step further than it has been carried by the decided cases; Green v. Marsden (1 Drew. 646); and will, therefore, in this case, hold, that no trust has been created by the testator, and that the gift to the widow is absolute. [375] But sup......
-
Reid v Atkinson
...1 Sim. 542. Winch v. BruttonENR 14 Sim. 379. Williams v. WilliamsENR 1 Sim. N. S. 358. Wood v. CoxENR 1 Keen. 317. Reade v. MarsdenENR 1 Drew. 646. Johnston v. RowlandsENR 2 De G. & Sm. 356. Harland v. TriggENR 1 Bro. C. C. 142. Wright v. Atkyns T. & R. 143. Bernard v. Minshull 1 John. 276.......
-
Clancarty v Clancarty
...Bernard v. MinshullENR Johns. 276. Irvine v. SullivanELR L. R. 8 Eq. 673. Williams v. WilliamsENR 1 Sim. (N. S.) 358. Green v. MarsdenENR 1 Drew. 646. Reeves v. BakerENR 18 Beav. 372. Lambe v. EamesELR L. R. 6 Ch. App. 597. Adams v. Kensington Vestry 27 Ch. Div. 410. Hutchinson and Tenant 8......
-
M'Auley v Clarendon
...AlmanENR 1 Russ. 509. Benson v. WhittamENR 5 Sim. 22. Sale v. MooreENR 1 Sim. 534. Knight v. KnightENR 3 Beav. 138. Greene v. MarsdenENR 1 Drew. 646. Lefroy v. FloodUNK 4 Ir. Ch. Rep. 1. Gully v. CregoeENR 24 Beav. 185. Drew v. Lord Norbury 3 J. & L. 267. Corbet v. De CantillonUNK 5 Ir. Ch.......