Holmes v Holmes
| Jurisdiction | England & Wales |
| Judgment Date | 27 July 1830 |
| Date | 27 July 1830 |
| Court | High Court of Chancery |
English Reports Citation: 39 E.R. 253
HIGH COURT OF CHANCERY
holmks v. holmes. Iloll-x. July 27, [1830]. A testator, by his will made in Ireland, prior to the 6 G. 4, c. 79, bequeaths an annuity, and dies domiciled in England, after that Act was passed. The annuity is to be paid according to the rate of Irish currency. A testator, who was at the time domiciled in Ireland, made his will, dated the 12th of October 1821, and thereby, after giving his widow an annuity charged on certain Irish estates, proceeded in the following words :-" And I also give and bequeath unto my son Frederick Holmes one annuity, clear yearly rent-charge, or sum of 200, to be chargeable upon, and issuing and payable out of all my aforesaid lands, tenements, hereditaments, and premises, whereof I shall die seised or possessed,. :254 holmes r. holmes i russ. & m. eei. of any estate real, freehold, or term for years, and to he paid and payahle to him, in -addition to the provision which I have already made for him l y a certain deed by me executed, and bearing date the 17th of February 18:21 ; the annuity to be paid by two even and equal half-yearly payments, on every 1st day of May and 1st day of November in each and [661] every year, for and during the term of his natural life, without any deduction or abatement whatsoever." The testator afterwards transferred his residence to England, and died domiciled there on the 2cl of March 1826. The first section of the 6 G. 4, c. 79, which came into operation on the 27th of June 1825, enacts that, "on and from tind after the commencement of this Act, the currency of Great Britain shall be and become, and is hereby declared to be the currency of the whole United Kingdom of Great Britain and Ireland ; and that on and from and after the commencement of this Act, all receipts and payments, and all gifts, grants, contracts, bargains, sales, agreements, and stipulations, and all written bonds, bills, notes, drafts, acceptances, receipts, acknowledgments, undertakings, or securities for money, and all transactions, dealings, matter* ami things u'/iafecer relating to -money, or invoicing or iiiqily-iny tiu'. payment of mane.//, or tin1 liability to pay any money, which shall be had, made, done, executed, or entered into, in any and every part of the said United Kingdom, shall be had, made, done, executed, and entered into according to such currency of Great Britain, so becoming the currency of the United Kingdom, and not...
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