Juler v Juler
| Jurisdiction | England & Wales |
| Judgment Date | 16 November 1860 |
| Date | 16 November 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 537
ROLLS COURT
S.C. 30 L.J. Ch. 142; 6 Jur. (N.S.) 1320; 3 L.T. 395; 9 W.R. 61.
[34] juler v. juler. Nov. 16, 1860. [S. C. 30 L. J. Ch. 142; 6 Jur. (N. S.) 1320; 3 L. T. 395; 9 W. E. 61.] A testator, by his will, said:-" I make H. C. J. my whole and sole executor of all the various properties I may be in possession of at my death : M. C. not to be forgotten, if she holds the same position at my decease." Held, that under the 1st Will. 4, c. 40, the executor was a trustee of the residue for the next of kin. 538 JULER V. JULER 29 BEAV. 38. The bill stated that the testator made hia will, dated the 31st of July 1858, in the following words :- " I, George Juler, watchmaker, do hereby declare this to be my last will and testament. I make my nephew Henry Cundell Juler, M.D., of Islham in the county of Cambridgeshire, my whole an/I sole executor of all the various properties I may be in possassion of at my death. My funeral to be decent and the memento not extravagant. Miss Codling not to be forgotten, if she holds the same position at my decease. Witness my hand and seal this 31st day of July." The testator died in 1858, and his will was proved by his executor. The bill, filed by two of the next of kin against the executor, prayed as follows :- " 1. That it might be declared that the Defendant was a trustee of the clear residue of the said testator's [35] personal estate, in a due course of administration, for the Plaintiffs and the other next of kin of the testator living at his decease, according to the Statute for the Distribution of Intestates' Effects. " 2. That all directions, inquiries and accounts which may be necessary for ascer taining the next of kin of the testator, and for administering the personal estate of testator and ascertaining the clear residue thereof, may be given, directed and taken by and under the order or decree of this honorable Court. To this bill the Defendant put in a general demurrer for want of equity. Mr. Kay, in support of the demurrer. Under the will, the executor takes the residuary personal estate beneficially; such appears to be the intention on the face of the will. The words, " I make my nephew . . . whole and sole executor of all the various properties," are sufficient to pass the real estate; Doe d. Hickman v. ffasleivood (6 Ad. & E. 167); Doe d. Oillanl v. Gillard (5 Barn. & Aid. 785); Doe d. Mm-nan v. Morgan (6 Barn. & C. 512); Noel v. Hm/ (5 Madd. 38); Day v...
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Harrison v Harrison
...benefit the executors, and they must therefore take as trustees (11 Geo. 4 & 1 Wm. 4, c. 40), Love v. Gaze (8 Beav. 472), Juler v. Juler (29 Beav. 34). Mr. Willcock, Q.C., Mr. Faber and Mr. F. Webb, for the executors. There is sufficient indication of intention to satisfy the statute. The n......
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Enohin v Wylie
...the executors take all his property of whatever kind. What is the effect of all this in the present state of the law?] In Jider v. Juler (29 Beav. 34 ; see also Saltmarsh v. Barrett, id. 474), the words were, " I make H. my whole and sole executor of all the various properties I may be in p......