Mann v Fuller
| Jurisdiction | England & Wales |
| Judgment Date | 05 June 1854 |
| Date | 05 June 1854 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 265
HIGH COURT OF CHANCERY
S. C. 2 Eq. R. 1085; 23 L. J. Ch. 543; 2 W. R. 510.
Will. Construction. Interest. Legacy given "in addition."
[624] mann v. fuller. June 5, 1854. [S. C. 2 Eq. E. 1085; 23 L. J. Ch. 543; 2 W. E. 510.] Will. Construction. Interest. Legacy given " in addition." Bequest of one thousand pounds to A., the interest of two thousand to B., and, at his death, to his children, the sum of one thousand pounds to D., the sum of one thoil-sand pounds to B., in addition to'me thousand before mentioned: Held, that the former legacy to B. was of pounds sterling, and that the gift to his children was of an absolute interest in the capital. Held, also, that the reference to the former legacy in the latter gift to B. did not diminish the previous legacy; and that the latter legacy was given to B. absolutely, and not to him for life, and then to his children. Legacies given "in addition to" previous gifts to the same person only partake of the same incidents, where the former gifts are absolute or defeasible; but the doctrine has never been extended so far as to alter an absolute gift of the latter legacy into a gift to the legatee for life, and, after his death, to other persons. G-eorge Sargon, by his will, dated in 1842, bequeathed as follows :-" One thousand pounds to Ann Sargeaut, wife of Thomas Sargeant . . . The interest of two thousand to George Sargeant, and, at his death, to his children: The sum of one thousand pounds to James Sargeant: The sum of one thousand pounds to Thomas Sargeant: The sum of two thousand pounds to Ann Sargeant: The sum of one thousand pounds to George Sargeant, in addition to one thousand before mentioned." The assets were insufficient to pay these legacies in full. Mr. Eolt, Q.C., and Mr. Baggallay, for the Plaintiff, Mr. Eddis, for the executor, Mr. Elderton and Mr. Sidney Smith, for other parties, suggested that the former legacy to George Sargeant and his children was not expressed to be in pounds, and might be void for uncertainty; or that, as only the interest was given, it was not an absolute bequest to the children; or, if it was, then the subsequent gift, referring to the former as one thousand, shewed that the testator's intention was only to give to George Sargeant 2000 altogether; and that, in any case, the 100 last given must be subject to the like limitations as were expressed concerning the former gift; Overend v. Gurney (7 Sim. 137), Bristow v...
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Johnstone v The Earl of Harrowby
...also Hooley v. Hutton (1 Bro. C. C. 390, n. ; S. C. 2 Dick. 461); Cookson v. Hancock (1 Keen, 817 ; S. C. 2 Myl. & Or. 606); Mann v. Fuller (Kay, 624); Russell v. Dixon (4 H. L. Gas. 293). Judgment reserved. Dec. 14.' the lord chancellor. Although in this special case a question is put, whe......