Griffiths v Pruen
| Jurisdiction | England & Wales |
| Judgment Date | 07 August 1840 |
| Date | 07 August 1840 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 851
HIGH COURT OF CHANCERY
Will. Construction. Executor. Heir and Executor.
[202] griffiths v. pruen. August 7, 1840. Will. Construction. Executor. Heir and Executor. Testator, after reciting that his property consisted of a house at C. (which was freehold), and of mortgages, &c., directed the house to be sold; and then gave several pecuniary legacies, and, amongst them, 300 to G. and 100 to P., whom he appointed his executors. The will concluded thus : " And to Mr. G., who is likewise my executor, any sum then appearing after the contents of this my will are fully 852 GRIFFITHS V. PRUEN 11 SIM. 20. complied with and fulfilled." G. died the day after the testator, without having proved the will. Held, in a suit by his executors against the testator's heir and next of kin, that the Plaintiffs were entitled to the residue of the testator's estate, including the proceeds of the house. If an executor is also the residuary legatee, he is entitled to the residue, although he does not prove the will. The testator in the cause, by his will, after reciting that his property consisted of a dwelling-house in Cheltenham, sundry mortgages and monies in the English funds, directed the house (which was freehold) to be sold; he then gave pecuniary legacies to his brothers and several other persons, and concluded his will in the following words:- " I give and bequeath to Mr. Thomas Griffiths, solicitor, of Cheltenham, the sum of 300; and to Mr. Pruen, his partner, 100; and I constitute and appoint those two gentlemen my executors and trustees. I request to be buried in the family vault at Trowbridge, where my father and mother rest. After providing for all the various legacies specified in the foregoing, and paying ray debts and funeral and other expenses, I direct the sum of 50 to be given to E. M. and 50 to Mrs. C.; and to my friend Mr. Thomas Griffiths, who is likewise my executor, any sum then appearing after the contents of this my will are fully complied with and fulfilled, agreeably to this my determination." Both Griffiths and Pruen survived the testator; but Griffiths died on the day after the testator's death, and [203] consequently, without having proved the will. His executors, however, claimed the residue of the testator's estate, including the legacy of 300 and the proceeds of the sale of the house. It was objected, for the Defendants, that Griffiths ought to have proved the will, in order to entitle...
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