Humberstone v Stanton

JurisdictionEngland & Wales
Judgment Date01 February 1813
Date01 February 1813
CourtHigh Court of Chancery

English Reports Citation: 35 E.R. 150

HIGH COURT OF CHANCERY

Humberstone
and
Stanton

See Humphreys v. Howes, 1830, 1 Russ. & My. 643; Willetts v, Willetts, 1848, 7 Hare, 41; Hannam v. Sims, 1858, 2 De G. & J. 158; Re Green's Estate, 1860, 1 Dr. & Sm. 72.

[385] 1813, 52 geo. 3. humberstone v. stanton. Rolls. Jan. 28, Feb. 1, 1813. [See Humphreys v. Howes, 1830, 1 Russ. & My. 643 ; Willetts v, Willetts, 1848, 7 Hare, 41 ; Hannam v. Sims, 1858, 2 De G. & J. 158 ; Be Green's Estate, 18GO, 1 Dr. & Sm. 72.] Bequest to a Son of the Testator on his accomplishing his Apprenticeship, with the Dividends in the mean Time for Maintenance ; and in case he shall die, before he accomplishes his Apprenticeship, then and in such Case to the other Children. The legacy lapsed by the Death of the Legatee, having accomplished his Apprenticeship, in the Testator's Life. Joseph Judge by his Will, dated the 4th of May 1781, giving 750 3 per Cent. Bank Annuities to/Trustees for his Wife for Life, and directing them to sell out 50, Part of such Bank Annuities, for placing out his Son Joseph Apprentice, proceeds as follows : " And from and after my dear Wife's Decease I give and bequeath 450 " of the said Stock, or in case the 50 Stock shall be sold to put forth my said Son " Joseph an Apprentice, then and in such Case only 400 of the said Stock to my " said Son Joseph to be transferred to him on his compleating and fully accomplishing " his Apprenticeship ; and the Interest, Dividends, and Profits, thereof in the mean " Time to be applied by my said Trustees for his my said Son Joseph's Clothing and " and Ne-[386]-cessaries during and until he hath accomplished his Apprenticeship ; " and in case my said Son Joseph should die before he accomplishes his Apprenticeship, " then and in such Case I give the said 450 Stock, or 400 Stock, as under the " aforesaid Bequest it may happen to be, to my aforesaid Son Richard, and my " aforesaid Three Daughters Anne, Elizabeth, and Mary, or to such of them as may be " living at the Time of this Contingency happening, equally to be divided between " them Share and Share alike : but if any of them should be dead at the Time of such " Contingency " the Parents Share to devolve to the Issue. The Testator bequeathed the Residue of his personal Estate to his Wife ; appointing her and Three other Persons Executors. After the Execution of his Will he placed his Son Joseph out an Apprentice ; who, having compleated his Apprenticeship, died in...

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6 cases
  • Kellett v Kellett
    • Ireland
    • Chancery Division (Ireland)
    • May 10, 1871
    ...C. Court. KELLETT and KELLETT Varley v. WinnENR 2 K. & J. 700. Humberstone v. StantonENR 1 V. & B. 385. Greene's Estate 1 Dr. & S. 68. Habergham v. RidehalghELR L. R. 9 Eq. 395. Cox v. Dolman 2 De G. M'N. & G. 592. Young v. Lord WaterparkENR 13 Sim. 204. Assignees of Bermingham I. R. 4 Eq. ......
  • M'Carthy v M'Carthy
    • Ireland
    • Chancery Division (Ireland)
    • June 23, 1879
    ...3 Br. C. C. 393; 4 T. R. 706. Calthorpe v. Gough Cited 3 Br. C. C. 395. Williams v. Chitty 3 Ves. 549. Humberstone v. StantonENR 1 V. & B. 385. Tarbuck v. Tarbuck 4 L. J. Ch. 129. Attorney-General v. HodgsonENR 15 Sim. 146. Philpot v. Governors of St. George's HospitalENR 21 Beav. 134. Ever......
  • The Commissioners of Charitable Donations and Bequests, Francis Dillon, and Matthew Dillon Thomas, - Appellants; Thomas Harris, Arthur Wise, Abel Labertouche, James Montgomery, and John Robinson, - Respondents
    • United Kingdom
    • Exchequer
    • January 1, 1830
    ...the case of a complicated will, * Pouget v. Tomkins, 2 Hagg. Cons. Rep. 142. t Willing v. Baine, 3 P. W. 113 ; Humberstone v. Stanton, 1 V. & B. 385. t 3 Ves. 450. 7 Ves. 458; and see Weddell t . Mundy, 6 Ves. 341; " or" construed " and." See also Turner v. Moore, Id. 560 ; and Richardson v......
  • Humphreys v Howes and Others
    • United Kingdom
    • High Court of Chancery
    • July 12, 1830
    ...his death, but before the interests of the tenants for life have expired (Willing v. Baine, 3 P. Wins., 113; Humberstone v. Stanton, 1 V. & B., 385; and ITalker v. Main, 1 Jac. & W., 1). [641] Mr. Pemberton and Mr. Bethel, contra. Oripps v. Woltott (4 Mad., 11) proves that survivorship is r......
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