Horwood v West
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1823 |
| Date | 31 May 1823 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 155
HIGH COURT OF CHANCERY
S. C. 1 L. J. Ch. (O. S.) 201.
Will. Construction. Trust.
[387] hobwood v. west. May 15, 31, 1823. [S. C. 11,. J. Ch. (O. S.) 201.] Will. Cmstmctim. Trust. Testator gave to his wif& all his personal estate, relying that if she should marry again she would secure whatever she should possess under his will for her separate use; and he recommended her to give, by her will, what he should die possessed of under his will to certain persons whom he named. Held, that the wife's executor was a trustee of the whole of the property possessed by her under the will for the persons named. John Powell, by his will, gave to his wife, Margaret Powell, all such ready money, money out at interest, or in the public funds, or upon Government or real security, debts or securities for money, as he should be possessed of, interested in or entitled to at the time of his decease; and also all his household furniture, stock-in-trade, plate, linen and china, as also all other his.estate and effects whatsoever and wheresoever, for her own sole use and benefit, reiving on her, that if she should thereafter intermarry, she would secure to herself whatever she should possess herself of by virtue of his will, so that the same should not be subject to the debts, contracts, control or engagements of any husband she might so thereafter intermarry ; and he thereby recommended his wife that she should, by her will, give and bequeath what she should die possessed of under his will, in manner following, that is to say ; one moiety or half part between and amongst his two sisters, Lattice and Mary, in equal shares and proportions, if they should be living at the time of her decease; but if they should not be living at that time, then to direct the same to be paid and divided amongst all and every such of the child or children of his sisters Lettice and Mary as should be living at the time of their decease, in equal shares and proportions; and the other moiety or half part he directed to be divided between Jane Gordon and Ann Roderick, his wife's two sisters, in equal shares and proportions ; but if they should not be living as the time of her decease, then to direct that moiety or half part to ba paid and [388] divided between and amongst all and every such of the child or children of Jane Gordon and Ann Roderick as should be living at the time of then-decease, in Jequal shares and proportions; and he...
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