Joyce's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1689 |
| Date | 01 January 1689 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 814
AT THE ROLLS.
[155] joyce's case. Anno 1689, at the Rolls. The Father having a Son and a Daughter, made a Will, and devised in these Words following (viz.), And as for my worldly Estate with which God hath blessed me, I give my Daughter Ten Pounds, to be paid by my Executor; and I give her Ten Pounds a-Year during her Life, to be paid by Quarterly Payments : And all the Rest of my real and personal Estate I give to my Son, &c. The Defendant had imbezil'd the personal Estate, and was gone into White-Friers : And now the Complainant exhibited a Bill, to charge the real Estate with the Payment of this Annuity of Ten Pounds a-Year. Philips for the Complainant argued, That the real Estate ought to be charged in Equity with the Payment thereof, because the Testator having the Prospect of his whole Estate before him, did out of it devise this Annuity to be paid to his Daughter by . express Words, and that by the Words following (viz.), All the Rest of my real and personal Estate [156] I give to my Son, &c., it must be reasonably adjudged, that he intended his real Estate should be charged with this Annuity, for the Words, All the Rest of my...
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