Henfrey v Henfrey
| Jurisdiction | England & Wales |
| Judgment Date | 06 June 1840 |
| Date | 06 June 1840 |
| Court | Court of the King's Bench |
English Reports Citation: 163 E.R. 477
IN THE ECCLESIASTICAL COURTS AT DOCTORS' COMMONS
Affirmed, 1842, 4 Moore, P. C. 29, 13 E. R. 211 (with note).
2 CURE 469. HENFREY 1' HENFREY 477 henfrey against henfrey. Prerogative Court, June 6th, 1840.-The testator having left two substantive wills, the latter disposing of the whole of his property, although not expressly revoking the former will, nor the appointment of executors therein, held to have revoked the former, and to be alone the will of the testator. [Affirmed, 1842, 4 Moore, P. C. 29 , 13 E R. 211 (with note).] On petition. Henry Henfrey, formerly of Foundling Terrace, Gray's Inn Road, died at Havre de Grace on the 27th of February, 1839. He left the two following testamentary papers, the one dated the 14th of July, 1838, the other the 26th of February, 1839 : - [469] 1st. "This is the last will and testament of me, Henry Ffenfrey, of No. 1, Foundling Terrace, Gray's Inn Road, Middlesex, First: I direct that all my just debts and funeral and testamentary expenses shall be paid and satisfied. And whereas, I am entitled under the settlement made on my marriage with my present wife, Marian, otherwise Mary Ann Henfrey, and in the events therein mentioned, to the reversion of the sum of two thousand pounds, to be paid and invested under the trusts of the said settlement Now I give and bequeath unto my said wife, Marian, otherwise Mary Ann Henfrey, her executors and administrators, one moiety of the said sum of two thousand pounds so settled and to be paid and invested as aforesaid ; and I give and bequeath to my said wife all my plate3 linen, china, and household effects, and subject to the payment of all my just debts and funeral and testamentary expenses; I give and bequeath all the rest and residue of the estate and effects to which I am or at any time may be entitled, or which I have or may have power to dispose of by this my will, including all my contingent interest under my late father's willr unto my brother Charles Henfrey, his executois, administrators and assigns. And I appoint my said brother, Charles Henfiey, and my brother-in-law, Charles Marston Stretton, executors of this my will. And I hereby declare my mind and will to be that the said Charles Henfrey, and Charles Marston Htretton, shall not be anewerable or accountable for any more monies than they shall actually receive under this my will, nor for any involuntary loss whatsoever And, lastly, I hereby [470]...
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