Holloway v Radcliffe
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1856 |
| Date | 01 January 1856 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 64
ROLLS COURT
S. C. 26 L. J. Ch. 401; 3 Jur. (N. S.) 198; 5 W. R. 271.
[163] holloway v. RADCL[FFE. Dec. 15, 1856; Jan. 21, 1857. [S. C. 26 L. J. Ch. 401 ; 3 Jur. (N. S.) 198 ; 5 W. E. 271.] , after prior interest, "equally" amongst the testator's "legal personal representatives, in such and the like manner, as if the same had been to be paid under the Statute of Distribution." Held, that the class were to be ascertained at the testator's death, and that the testator's widow and his only son took, not equally, but according to the statute, i.e., one-third to the widow, and two-thirds to the son. A. B. was entitled to two-thirds of an estate directed to be converted into personalty. Held, that it had not been reconverted into realty by acts of A. B. done independent of the person entitled to the other one-third. The testator, John Radcliffe the elder, by his will dated in 1832, devised and bequeathed his real and personal estate as follows : - "To my wife Mary Radcliffe, for and during the term of her natural life, she maintaining, educating and bringing up my son John Radcliffe ; and from and after the decease of my said wife, I give, devise and bequeath the real and personal estate unto my son John Radeliffe, if he shall be then living, upon his attaining the age of twenty-one years, to hold to him, his heirs, 23 BEAV. 164. HOLLOW A Y V. RADCLIFFE 65 executors, administrators and assigns for ever. But in case my son John Eadcliffe shall happen to die in the lifetime of my dear wife [which happened], or surviving her, shall die before he attains the age of twenty-one years, then, upon the decease of my wife, or of my son, in case he survives her and dies before he attains the said age, I direct, authorize and empower my executors (Holloway and Jones) to sell; and as to the money to arise from such sale or sales, after payment of all expenses attending the same, I give and bequeath one moiety or equal half part thereof unto and equally amongst my legal personal representatives, in such and the like manner as if the same had been to be paid under the Statute of Distribution; and as to the other moiefcy or equal half [164] part thereof, I give and bequeath the same unto and equally amongst the legal personal representatives of my said wife, to be paid in manner aforesaid." The testator appointed the Plaintiff, Holloway, and others executors. The testator republished his will in 1835, and died in 1840. John Eadcliffe the son was the only next of kin of the testator at his death. He married ia 1850, and died in 1852, in the life of his mother, who died in 185G. This gave rise to the first question, as to the construction of the gift to the " legal personal representatives." Another question arose under the following additional circumstances. The property which passed by the first testator's will consisted of personal estate of the value of 1000, and the following real estate:-1st, the Egerton Arms; 2d, six cottages in Egerton Street; 3d, a dwelling-house iti Brook Street; and four other properties, which it is unnecessary to specify. By a settlement made in 1850, on the marriage of John Radcliffe the son, he conveyed the Egerton Arms, the six cottages, and the dwelling-house, specifically (subject to the life-estate of the widow) to two trustees and their heirs, to the use of himself for life, with remainder to his wife for life, with remainder to his children as they should appoint, and...
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