Lady Laura Tollemache, - Appellant; The earl and Countess of Coventry, - Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1834 |
| Date | 01 January 1834 |
| Court | High Court of Chancery |
English Reports Citation: 6 E.R. 1285
FROM THE COURT OF CHANCERY.
Mews' Dig. x. 1004; xii. 925; S.C. 8 Bli. N.S. 547; and, in Ch., sub nom. Deerhurst v. St Albans (Duke of), 5 Madd. 232. Discussed in numerous cases, most of which are referred to in In re Johnston, 1884, 26 Ch. D. 538.
TOLLEMACHE V. COVENTRY (EARL of) [1834] II CLARK & FINNELLY. [611] APPEAL from the court of chancery. LADY LAURA TOLLEMACHE,-Appellant; The EARL and COUNTESS of COVENTRY,-Respondents. [Mews' Dig. x. 1004; xii. 925; S.C. 8 Bli. N.S. 547; and, in Ch., sub nom. Deerhurst v. St Albans (Duke of), 5 Madd. 232. Discussed in numerous cases, most of which are referred to in In re Johnston, 1884, 26 Ch. D. 538.] Vere, Lord Vere, bequeathed certain chattels to trustees, in trust for his wife for life, and after her decease for his son for life, and after the decease of the survivor of them, in trust for such person as should from time to time be Lord, Vere; it being his will and intention that the same should, after the decease of his wife, go and be held with the title of the family, as far as the rules of law and equity would permit. The testator left his wife and son surviving him, and also two sons of his son. After the death of the wife and son, the eldest grandson succeeded to the title and to the enjoyment of the chattels, and died, leaving an only son, who then succeeded to the title, and died an infant and unmarried, leaving the second grandson of the testator surviving him. held by the Lords, reversing a decree of the Court below, that the chattels vested absolutely in the eldest grandson, on succeeding to the title. Vere, Baron Vere, died 11 Oct. 1781. Lady Vere, died in 1783. Aubrey Beauolerk, afterwards 2d Lord Vere and 4th Duke of St. Albans, born June 1740, died Feb. 1802. Lady Catherine Ponsonby. 1st Wife. * 2d Wife. 1 ouisa G Manne | Aubrey, 3d Lord Vere and 5th Duke of St. Albans, born 21 August 1765, died 12 August 1815. William, 5th Lord Vere and 7th Duke of St. Albans born Dee. 1766, died 1825. I The Respondent, Mary, now Countess of Coventry. Aubrey, 4th Lord Vere and 6th Duke of St. Albans, born 7th April 1815, died 19th February 1816. Aubrey William, 6th Lord Vere and 8th Duke of St. Albans, now living. [612] Vere , Lord Vere, by his will, bearing date the 15th of March 1781 (among other things), gave and bequeathed as follows : " I give and bequeath unto James, Earl of Abercorn, Robert Drummond, and Thomas Walley Partington all the household goods, furniture, pictures, books, linen, china, and glass which shall at the time of my decease be at my mansion-house of Hanworth, in the county of Middlesex, or in any of the offices belonging to the same; and also all such silver and gilt plate as I shall be possessed of at the time of my decease, whether the same shall be at Hanworth or in London, and in both places respectively; upon this special trust and confidence nevertheless, that they the said James Earl of Abercorn, Robert Drummond, and Thomas Walley Partington, and the survivors and survivor of them, and the executors 1285 II CLARK & FINNELLY. TOLLEMACHE V. COVENTRY (EARL of) [1834] and administrators of such survivor, do' and shall permit and suffer my wife, Mary, Lady Vere, to have the use and enjoyment of the same goods, furniture, pictures, books, linen, china, glass and plate, for and during the term of her natural life; and from and immediately after her decease, upon trust to permit and suffer my son Aubrey Beauclerk to have the use and enjoyment of the same goods, furniture, pictures, books, linen, china, glass and plate, for and during the term of his natural life; and from and immediately after the decease of the survivor of my said wife and son, it is my will, and I do hereby direct that they my said trustees, and the survivors and survivor of them, and the executors and administrators of such survivor, do and shall be possessed of the same goods, furniture, pictures, books, linen, china, glass and plate, in trust for such person as shall from time to time be Lord Vere; it being my will and intention, and my sole motive for making this disposition, that the same goods, furniture, pictures, books, linen, china, glass and [613] plate, shall after the decease of my said wife, from time to time go and be held and enjoyed with the title of the family, as far as the rules of law and equity will permit." And he appointed his said wife, Mary, Lady Vere, and Lord Charles Spencer, his executors, and died in October 1781, leaving Lady Vere his widow, and his son Aubrey Beau-clerk, and his two grandsons, Aubrey and William, sons of the said Aubrey Beauclerk, and all of them in his will named, him surviving. The executors proved the will, and they afterwards assigned to the said James Earl of Abercorn, E. Drummond, and T. W. Partington, the household goods, furniture, pictures, plate, linen, china, glass and other things SO' bequeathed to them in trust as aforesaid. Kobert Drummond having survived his co-trustees, died in or about the year 1806, having by his will appointed his sons Andrew Berkeley Drummond, John Drummond, and Charles Drummond, executors., who duly proved the same, and became his personal representatives, and trustees of the said furniture, pictures, books, plate, etc. Upon the death of Vere, Lord Vere, the title of Lord Vere descended upon his son Aubrey Beauolerk, who was second Lord Vere, and afterwards became fourth Duke of Saint Albans. He survived the Lady Vere his mother, and died in February 1802, leaving Aubrey his eldest son,-who. thereupon became third Lord Vere and fifth Duke of Saint Albans, - William his second son, and other children. Aubrey third Lord Vere and fifth Duke of Saint Albans, intermarried first with Jane Moses, spinster, by whom he had issue the Kespondent, Mary, Countess of Coventry; and secondly, with Louisa Grace Manners, spinster, by whom he had issue Aubrey, who1 upon his father's ò death in 1815, became fourth Lord Vere and sixth [614] Duke of Saint Albans, and died am infant, in February 1816. Upon the death of the infant, William his uncle became fifth Lord Vere and seventh Duke of Saint Albans; and upon his death in 1825, Aubrey William, now Duke of Saint Albans, succeeded to' both his titles. Aubrey the second Lord, and Aubrey the third Lord Vere, were both living at the death of Vere, Lord Vere, the testator. Aubrey the fourth and infant Lord and Duke, was, born long after the testator's death. Mary, Lady Vere, died in the year 1783. The chattels bequeathed by Lord Vere's will were enjoyed by her during her life; and after her death, by Aubrey the son and Aubrey the grandson, in succession, during their lives. This last Aubrey, third Lord Vere and fifth Duke of St. Albans, by his will, dated the 18th July 1814, gave the residue of his personal estate to his wife, Louisa Gracei, Duchess of Saint Albans, and appointed her sole executrix; and died in August 1815, leaving the Duchess and his two children (viz.) Lady Coventry, his only child by his first wife, and Aubrey the fourth and infant Lord and Duke, his only child by his second wife, surviving him. After the death of Aubrey, the third Lord and fifth Duke, a bill was filed in Chancery, by Aubrey his infant son, then fourth Lord Vere and sixth Duke of Saint Albans (by his next friend), against Louisa Grace the Duchess, his mother, the said Andrew Berkeley Drummond, and others, by which the infant Lord and Duke claimed to be absolutely entitled to the furniture, pictures, etc. bequeathed by the will of Vere Lord Vere as aforesaid, and prayed that an account thereof might be taken under the decree and direction of the Court; but before the Defendants had put in their answers, the plaintiff died an infant, aged ten months and a few days. [615] Louisa Grace, Duchess of Saint Albans, survived the said infant plaintiff, 1286 TOLLEMACHE V. COVENTRY (EARL of) [1834] II CLARK & FINNELLY. and died, having by her will, dated the 28th of November 1815, bequeathed the residue of her personal estate to her sister Lady Laura Tollemache, the Appellant, and appointed her sole executrix. This will Lady Laura proved in the Prerogative Court of Canterbury, and a!so took out letters of administration to Aubrey the third Lord and fifth Duke, with his will annexed, and became his sole legal personal representative. In Trinity term, 1818, the Kespondents, George William...
To continue reading
Request your trial
-
Purefoy v Rogers and Others
...it was held that the first devise to the heirs of the body of the niece by any other husband was too remote, and of course (n) [See also 2 Cl. & Fin. 611, Tolleinache v. Coventry. 8 Bligh. 547, S. C. 10 Sim. 495, Ibbetson v. Ibbetson.] 1198 PUREFOY V. BOGERS AND OTHERS 2 WMB. SAUND. 388. in......
-
The Estate of Robert Peel Dawson Spencer Chichester
...372. (1) 3 P. Wms. 132. (2) 1 Amb. 394. (3) 3 Mer. 667. (4) 6 Ves. 251, at p. 259. (5) 2 Jac. & Walker, 439. (1) 12 Cl. & Fin. 546. (2) 2 Cl. & Fin. 611. (3) 32 L. J. (N. S.) Exch. (1) 4 De G. F. & J. 524, at p. 527. (2) L. R. 1 Ch. App. 592. (3) L. R. 7 Eq. 371. (4) 4 Ch. D. 413. (1) 18 Q.......
-
Gee v Liddell
...to the previous gifts. [661] They cited Dungannon v. Smith (12 Cl. & Fin. 546); Deerhurst v. Duke of St. Albans (5 Madd. 232, and 2 Cl. & Fin. 611); Ware, v. Polhill (11 Ves. 283). Mr. Kendall, for William Liddell, argued that the substituted gifts by the codicil were void for remoteness ; ......
-
Bankes v The Baroness Le Despencer, an Infant, and Others
...to it so far as it can consistently with the rules of law and equity. [686] And, in this case, the (1) 8 Bligh, N. S. 547 ; S. C. 2 Clark & Fin. 611. This case is reported on the origin*! hearing, in 5 Madd. 232, under the name of Lord Deerhurst v. The Duke of St. Sloans. M SIM. 887. BANKES......