Holdich v Holdich
| Jurisdiction | England & Wales |
| Judgment Date | 09 November 1842 |
| Date | 09 November 1842 |
| Court | High Court of Chancery |
English Reports Citation: 63 E.R. 8
HIGH COURT OF CHANCERY
[18] holdich v. holdich. Nov. 9, 1842. Held, that a widow was not bound to elect between the benefits given to her by her husband's will (including an annuity charged upon his real estate) and dower. John Holdich of Elton, in the county of Huntingdon, by his will devised as follows:-First, I direct all my just debts, funeral and testamentary expenses, to be fully paid and satisfied, and after payment thereof, I give and bequeath unto my dear "wife, Mary Holdich, a clear annuity or yearly sum of £50 of lawful money of Great 2Y;&C.C.C.19. HOLDICH V. HOLDICH ^ Britain, for and during.the term of her natural life; and from and immediately after her decease, I order and direct :that the said annuity shall sink into and form part of my residuary estate. , I also hereby give permission to my said wife to continue to reside in the house wherein we now live, and [19] tQ have the free use of the household goods and furniture that may be on the said premises at the time of my decease, for and during the term of her natural life, if she should,so long continue my widow and unmarried; and from and after her decease or marrying again, whichever shall first happen, I do hereby direct the same shall also sink into and form part of my residuary estate. I give and bequeath unto my daughters, Mary Ann, Margaret, Jane and Fanny Holdich, the sum of £500 each of lawful money of Great Britain. And I hereby order and direct my executor, hereinafter named, to pay to my said daughters their respective legacies of £500, as they shall respectively attain the age of twenty-one years; but in case my youngest daughter shall have attained such age previous to my decease, then and in that case I direct that the said legacies shall be paid within twelve months after my decease ; and in the event of any or either of my said daughters dying during her or their minority, then I direct the share or shares of her or them so dying shall sink into and form part of my residuary estate. As respects my eldest daughter Elizabeth (the wife of John Bailey), I 'have already given her the sum of £500 as a marriage portion; but to shew I have not forgotten her, I bequeath her the sum of 19 guineas. And subject to the payment of such annuity s&nd bequests hereinbefore mentioned, I hereby give, devise and bequeath all that my freehold estate and premises, with the appurtenances thereto belonging, situate, lying and...
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