Kightley v Kightley
| Jurisdiction | England & Wales |
| Judgment Date | 21 May 1794 |
| Date | 21 May 1794 |
| Court | High Court of Chancery |
English Reports Citation: 30 E.R. 656
HIGH COURT OF CHANCERY
See Spong v. Spang, 1827-29, 1 Yo. & Jev. 312; 1 Dow. N. S. 378.
kightley v. kightley. May Uth and 21st, 1794. Bolls. [See Spong v. Spang, 1827-29, 1 Yo. & Jev. 312 ; 1 Dow. N. S. 378.] This clause beginning a will, " First I will and direct, that all my legal debts legacies " and funeral expences shall be fully paid" is not sufficient alone to charge legacies on real estates specifically devised ; for which the intent must be clear. John Kightley by his will disposed as follows : " First I will and direct, that all my legal debts, legacies, and funeral expences, shall " be fully paid and discharged; and that my executor and executrixes hereinafter " named do and shall bury me in a decent manner in the church-yard of North Crawley " as near to the graves of my late deceased wife and mother, as possibly may be ; and 2 VES. Jim. 329. KIGHTLEY V. KIGHTLEY 657 " that they cause to be erected and set up in remembrance of my said wife and mother " and myself a neat monument, the expence of which I will and direct shall not exceed " 10. Next I give and devise unto my niece Sarah Bead and her heirs all and singular " my messuages, cottages, closes, lands, tenements, and hereditaments, whatsoever " situated in Broadmead End, to hold to her, her heirs and assigns for ever." He then devised another messuage to his cousin Mary James in fee ; and also gave her all his household [329] goods,furniture, linen, china, plate, stock in trade, and brewing utensils, in the same. He devised to Catherine Kightley another estate in fee ; and also gavS her a legacy of 100 to be paid at twenty-one or marriage, with interest from his death; in case of her death before that time, to sink into the residue; with directions to apply the rents and interest for maintenance and education. He then gave to Sarah Boutflour 150 part of a sum of 480 secured by mortgage, to be paid within four months after his decease ; to Mary James 100, and to Mary Barret 50, other parts of that sum, to be paid within twelve months after his decease ; and 180 the residue of that sum to Robert Andrews, the mortgagor, upon trust to pay the interest to William Kightley and his wife, for their lives; and after the decease of the survivor, he gave the principal to Robert Andrews, his executors, administrators, and assigns. He also gave to Sarah Read 80; to John Marshall 30; to Elisabeth Marshall 20, to be paid within twelve...
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