Hobson v Blackburn and Blackburn
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1823 |
| Date | 01 January 1823 |
| Court | Prerogative Court |
English Reports Citation: 162 E.R. 96
PREROGATIVE COURT
Referred to, in the Goods of Stracy, 1855, Deane, Ecc 6; In the Estate of Heyt, [1914] P. 196. Distinguished, in the Goods of Raine, 1858, I Sw. & Tr. 144. Applied, In the Goods of Lovegrove 1862, 2 Sw. & Tr. 453: In the Goods of Miskelly, 1869, Ir R. 4 Eq. 62. Distinguished, In the Goods of Piazzu Smyth, [1898] P. 7.
96 HOBSON V. BLACKBURN 1 ADD. 274 [274] hobson v. blackburn and blackburn. Prerogative Court, Trinity Term, 4th Session, 1822.-Mutual, or conjoint, wills (so styled), irrevocable by either of the (supposed) testators, unknown to the testamentary law of this country; what effect soever may be given to such instruments in equity. An allegation, propounding an instrument of this species, rejected; and a separate will of the same deceased, of a later date, in effect pronounced for. [Referred to, In the Goods of Strawy, 1855, Deane, Ecc. 6 ; In the Estate of Heys, [1914] P. 196. Distinguished, In the Goods of Raine, 1858, 1 Sw. & Tr. 144. Applied, In the Goods of Lovegrme, 1862, 2 Sw. & Tr. 453 : In the Goods of Misketty, 1869, Ir. E. 4 Eq. 62. Distinguished, In the Goods of Piazzi-Smyth, [1898] P. 7.] Martha Hobson, Susannah Hobson, and Joshua Hobson, sisters and brother, made the following conjoint or mutual will, dated on the 2d day of September, 1794:- We, Martha, Susannah, and Joshua Hobson, being in health of body and sound in mind, do agree to the following assignment of our property in case of each othei's decease, exclusive of five hundred pounds, the disposal of which we propose leaving a memorandum of, according to our particular liking. The remainder of our property we resolve to be left in this manner:-The whole of the interest of it, excluding the above mentioned five hundred, shall devolve to the longest life or lives while con tinuing single; but, if the survivors marry, the property of the deceased shall be immediately distributed equally amongst our brothers and sisters, viz. William Hobson, Lydia Blackburn, Hannah Blades, and George Hobson, including survivor or survivors of this testament, who are to have an equal share with the rest; or in case of their decease, viz. our above mentioned brothers and sisters, their share to be equally dis tributed among their children ; or in case one of the survivors marrying, the single survivor shall have the interest of the property of the deceased during the time of his or her remaining single...
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