Jarvis v Pond
| Jurisdiction | England & Wales |
| Judgment Date | 15 February 1839 |
| Date | 15 February 1839 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 470
HIGH COURT OF CHANCERY
S. C. 8 L. J. Ch. 167. See In re Potter's Trust, 1869, L. R. 8 Eq. 58; In re Lucas's Will, 1880-81, 17 Ch. D. 792.
Will. Construction.
470 JAEVIS V. POND 9 SIM. 849. [549] jarvis v. pond. Feb. 15, 1839. [S. C. 8 L. J. Ch. 167. See In re Potter's Trust, 1869, L. E. 8 Eq. 58 ; In re Lucas's Witt, 1880-81, 17 Ch. D. 792.] Will. Construction. Testatrix having two sons and two daughters living, gave a legacy to each of them, and then gave the residue to Mary, one of her daughters, for life : " and, after her decease, I will that the said property be equally divided amongst such of my sons and daughters as may be living at the decease of the said Mary ; and in case of the decease of any of my said sons or daughters, the surviving children of any of my sons or daughters to have their fathers' or mothers' part." The testatrix had had another son and daughter, both of whom were dead at the date of her will, leaving children. Held, that their children were entitled to shares of the residue. Mary Pond made her will, dated in the year 1807, in the following words : "I give and bequeath unto my son-in-law, John Gurr, the sum of £200; to my daughter-in-law, Hannah Pond, widow of my late son Gilbert Pond, deceased, the sum of £200 ; to my son, William Pond, the sum of £200, to be paid to them within six months next after my decease: also I give and bequeath to my son, Samuel Pond, the interest of £200, being £10 a year, to be paid to him or his present wife during the term of their or either of their natural lives; to my daughter, Elizabeth Such, the interest of £200, being £10 a year, to be paid to her during the term of her natural life. The last two legacies I leave in the manner mentioned, in consideration that neither of the parties have children. Also I give and bequeath to my daughter, Mary Pond, all the residue and remainder of my property, goods and chattels, subject to the payment of the above-mentioned legacies, during her natural life; and, after her decease, I will that the said property be equally divided amongst such of my sons and daughters as may be living at the time of the decease of the said Mary Pond ; and in case of the decease of any of my said sons or daughters, the surviving children of any of my sons or daughters to have their fathers' or mothers' part, to be equally divided amongst them." [580] The testatrix died in 1809. Four of her children survived...
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