Huskisson v Bridge
| Jurisdiction | England & Wales |
| Judgment Date | 28 February 1851 |
| Date | 28 February 1851 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 816
HIGH COURT OF CHANCERY
S. C. 20 L. J. Ch. 209; 15 Jur. 738.
[245] huskisson v. bridge. Feb 28, 1851. [S. C. 20 L. J. Ch. 209; 15 Jur. 738.] A testator, after bequeathing his residuary estate to his wife, directed a schedule to be made of it, and expressed his wishes as to the disposition thereof, but concluded by saying that it was not his intention to deprive her of the exercise of the entire right over the property. Held, that the directions were merely precatory. 4DEG.&SM.246. HtTSKISSON V. BRIDGE 817 The question in this case was whether the requests contained in a will were precatory or constituted effectual trusts. The testator, William Swan, by his will, dated the 16th June 1827, bequeathed unto his wife, Mary Swan, the whole of his property and.effects of every description, both real and personal, "to use and enjoy the whole, the interest arising from the same, in the fullest and most unconstrained manner, subject, nevertheless, to the following provisions, donations, and stipulations," &c.:- After giving legacies to relations of the testator and of his wife, the will proceeded thus: " It is likewise my will and desire, that a full and particular schedule be taken of all my property (of which I have left amongst my papers a memorandum); and that such of my property as is placed in the funds, or at interest, as well as shares in any concern, shall remain and continue in the same situation as at the time of my decease, at interest, for the sole use, benefit and advantage of the aforesaid Mary Swan, my very sincere friend and faithful wife. And it is, moreover, my particular will and desire, that she the said Mary Swan, knowing the great uncertainty of human existence, do, as soon as can conveniently be done, make her own will and testament; and it is also my will and desire that the said will be made in such a manner that my whole property, which, at my dear wife's decease, may be then remaining, shall be so divided between the relations hereinbefore mentioned, as shall be pretty nearly equal in amount, between my own relations and those of my dear wife, and in such portions to each individual as she may think they deserve, or by their respectful or kind behaviour to herself they appear to have merited at her [246] hands. It is also my will and desire that my dear wife should be at liberty, during her lifetime, to afford such assistance to the relations of either side as she may think...
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...2 Ball & Be. 169. James v. Dean 11 Ves. 389. Giddings v. GiddingsENR 3 Russ. 241. Thorp v, OwenENR 2 Hare, 610. Huskisson v. BridgeENR 4 De G. & Sm. 245. Webb v. WoolsENR 2 Sim., N. S., 267. Lechmere v. Lavie 2 M. & K. 197. Abraham v. AlmanENR 1 Russ. 509. Benson v. WhittamENR 5 Sim. 22. Sa......