Higgins and Others v Dawson and Others
| Jurisdiction | England & Wales |
| Judgment Date | 28 November 1901 |
| Judgment citation (vLex) | [1901] UKHL J1128-1 |
| Court | House of Lords |
| Date | 28 November 1901 |
[1901] UKHL J1128-1
House of Lords
After hearing Counsel, as well on Tuesday last as this day, upon the Petition and Appeal of the Reverend Gilbert Higgins, the Reverend Augustine White, and the Reverend Ildephonsus Layard, all of No. 12, Wormesley Road, Stroud Green, in the county of London, and of Spetisbury, in the county of Dorset, and of Bodmin and Truro, in the county of Cornwall, Canons Regular of the Lateran, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 3d of August 1900, might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the printed case of the Reverend William Dawson, and also the printed case of Philomena Grainger and Agnes Ramage, lodged in answer to the said Appeal; and due consideration had of what was offered on either side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of His Majesty the King assembled, That the said Order of Her late Majesty's Court of Appeal, of the 3d day of August 1900, complained of in the said Appeal, be, and the same is hereby, Reversed, save in so far as it affirms the Order of Mr. Justice Stirling, of the 7th day of November 1899: And it is hereby Declared, That upon the true construction of the will of the testator, the Reverend John Grainger, the undisposed of personal estate of the testator is liable for the payment of his debts and funeral and testamentary expenses, and the pecuniary legacies and annuity bequeathed by his will in exoneration of the specifically bequeathed mortgage debts: And it appearing that the undisposed of personal estate of the testator is insufficient for the payment of the testator's funeral and testamentary expenses and debts, and the said pecuniary legacies and annuity, and the Appellants agreeing...
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