Makings v Makings
| Jurisdiction | England & Wales |
| Judgment Date | 19 January 1860 |
| Date | 19 January 1860 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 396
BEFORE THE LORD CHANCELLOR LORD CAMPBELL.
[355] makings v. makings. Before the Lord Chancellor Lord Campbell. Jan. 1-2, 19, 1860. A testator gave all his real and personal estate to his wife for life, and after her decease to his son absolutely, chargeable with the payment of a legacy of 200 to the testator's daughter, within six months after his decease, and with the payment of the testator's debts and funeral and testamentary expenses. There was no personal estate. Held, that the legacy was charged on the life interest as well as on the remainder of the real estate, and ought, with the arrears of interest for six years, to be raised by mortgage of the property, and that the remainder-man ought to be recouped out of the rents and profits to the full amount of the arrears of interest raised out of the estate. This was the appeal of the Plaintiff from the decree of Vice-Chancellor Stuart, declaring that a legacy of 200 bequeathed by the will at the testator in the cause, and charged on his real and personal estate, was not payable until the reversion of the testator's real estate fell into possession, and that it was consequently not to be raised until the death of a tenant for life. The facts of the case, and the arguments are fully stated in the Lord Chancellor's judgment. Mr. W. Forster, for the Plaintiff and Appellant, the infant reversiouer, cited Hawkins v. Hawkins (6 L. J. Eep. (N. S.), Ch. 69). Mr. Karslake, for the tenant for life, referred to Seton on Decrees (2d ed. p. 137, No. 8). Mr. Malins and Mr. Prendergast appeared for other parties. Mr. Forster, in reply, cited Hearing v. Coventry (2 Myl. & K. 406). Judgment reserved. [356] Jan. 19. the lord chancellor. The will of John Makings, to be construed in this case, is in the words following :-" I give and devise my real estate whatsoever and wheresoever, and also all and singular my personal estate and effects 1DEO.F.&J.M1 MAKINGS V. MAKINGS 397 of what nature or kind whatsoever, unto my wife Elizabeth Makings for and during her natural life without impeachment of waste, and from and after her decease I give and devise my said real and personal estate to my son John Makings, his heirs, executors, administrators and assigns for ever, subject nevertheless to and chargeable with the payment of the sum of 200 to my daughter Sarah within six calendar months after my decease, and also subject to the payment of my just debts and funeral and...
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