Haslewood v Green
| Jurisdiction | England & Wales |
| Judgment Date | 13 January 1860 |
| Date | 13 January 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 265
ROLLS COURT
Reports of CASES in CHANCERY ARGUED and DETERMINED in the ROLLS COURT during the time of the Right Honorable Sir JOHN ROMILLY, Knight, Master of the Rolls. 1859, 1860. By CHARLES BEAVAN, Esqr., M.A., Barrister-at-Law. Vol. XXVIII. 1861. [1] haslewood v. green. Dec. 21, 22, 1859 ; Jan. 13, I860. The words " next lawful heirs," in an ultimate gift of real and personal estate, construed in their strict sense as to the personalty, and the heir at law and not the next of kin, held entitled. A testator gave a house and £800 to his daughter for life, and after her death he directed £500 to be paid to her issue; " and that after such payment, the remaiuing part of the said principal £800, that is £300," and the house, should revert to his " next lawful heirs." The assets were insufficient, and only £400 was paid in respect of the legacy and what had accumulated. Held, that the legatees of the £500 had no priority over the legatees of the £300, and that the fund must be apportioned rateably between the two legacies. This ease was argued by Mr. Selwyn and Mr. Jolliffe, for the Petitioners. Mr. E. Palmer, Mr. Greene and Mr. Westlake, for the Eespondents. The Attorney-General v. The Corpm-ation of Beverley (15 Beav. 540; 6 De G. M. & G. 256 ; 6 House of Lords Ca. 310); Attorney-General v. The Dean and Canons of Windsor (24 Beav. 679); De Beauvoir v. De Beauvoir (15 Simons, 163 ; 3 H. of Lords Ca. 524), and Thorp v. Owen (2 Sm. & G. 90), were cited. [2] Jan. 13. the master of the rolls. The question here is, the construction of the following bequest in the will of Edward Green, executed in August 1787, which, after the great lapse of time, now requires the decision of the Court. The bequest is in these words:-" Also I give, devise and bequeath unto my daughter Jane, all that my house in Hillgate, Stockport, with every its appendages, and also the interest of £800 during her life, and if she shall die leaving lawful issue or issues, then it is my will that the sum of £500 shall be paid to and amongst them ; and that after such payment, the remaining part of the said principal £800, that is, £300, and also the said house in Stockport, shall both revert to and for the use of my (hen next lawful heirs." After many other dispositions, the testator gives his residuary estate equally between his children. Jane, tha legatee above mentioned, married Mr. Haslewood, and had five children, two of whom...
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