Langford v Gowland
| Jurisdiction | England & Wales |
| Judgment Date | 04 March 1862 |
| Date | 04 March 1862 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 554
HIGH COURT OF CHANCERY
S. C. 9 Jur. (N. S.) 12; 10 W. R. 482.
[617] langford v. gowland. March 4, 1862. [S. C. 9 Jur. (K S.) 12 ; 10 W. R 482.] Where a testator gave all his personal estate in equal shares to eight societies, of which three, viz., the East London Free School Society, the Anti-Slavery Society, and the African Society, had become extinct before the testator's death, the last before the date of the will, the Court declined to order the shares in the fund to be applied cyprh, and held the next of kin entitled. Patrick Kiernan, by his will in July 1832, gave all his personalty to the Plaintiff, G. Langford, and H. Barnewell, their executors, &c., upon trust to convert the same into money, and in the first place pay his just debts, funeral and testamentary expenses and legacies, and then to stand possessed of the residue upon trust to pay, assign, transfer and make over one equal eighth share thereof unto the treasurer of the London Mechanics' Institution, Southampton Buildings, Chancery Lane, for the benefit of that institution, and to whom for such purpose he accordingly bequeathed the same one-eighth share. Testator then, using the same language, bequeathed the other seven eighth shares to the following societies and institutions :-To the British and Foreign School Society one equal eighth part; to the Literary Fund Society one equal eighth part; to the East London Irish Free School Society one equal eighth part; to the London Fever Hospital one equal eighth part; to the Anti-Slavery Society one equal eighth part; to the African Institution one equal eighth part; and to the [618] Society for Improving the Condition of the Irish Peasantry one equal eighth part. The testator died on the 23d of November 1858, a bachelor, leaving certain persons his next of kin, who were Defendants. A bill was subsequently filed by the executor against the legatees to administer the testator's estate. By the decree certain inquiries were directed. The Chief Clerk found that five of the societies named were in existence; and three, the East London Irish Free School Society, the Anti-Slavery Society and the African Institution, had ceased to exist, the last named before the date of the will, and the two others since the date of the will and before the testator's death. Mr. Bacon and Mr. J. T. Humphrey, for the Plaintiff, submitted whether, if the bequest to the societies which were extinct at the...
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