Del Mare against Rebello
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court of Chancery |
English Reports Citation: 29 E.R. 635
HIGH COURT OF CHANCERY
Vide S. C. 1 Ves. jun. 412.
[446] del mare against rebello. [1792.] [Vide S. C. 1 Ves. jun. 412.]-Testator left residue to the children of his sisters Estrella and Reyna; Estrella had children, Beyna had none, and had changed her name, and was a nun professed, but he had a third sister, Bebecca, who had children, this is not sufficient to substitute the name of Bebecca for Beyna.(l) The bill stated, that Jacob Del Mare, late of Kingston, in Jamaica, made his will 18th October 1785, and thereby gave to the defendants, and other persons since deceased, " all his Government securities in the public funds, which should be standing " in his name at the time of his decease, in trust, among other things, to pay the residue " and remainder of the interest and dividends of said Government securities, unto all " the children of his sisters, Estrella Del Mare Jalfon, and Beyna Del Mare, to be " equally divided among them, share and share alike, during their lives," with remainders over, among them, and their issue ; and the testator directed, " that in case " the survivor of his said sisters' children should die without issue, then the residue " and remainder of the interest and dividends of the said Government securities or " stocks should be equally paid and divided among the wardens of certain synagogues " therein mentioned," upon trusts therein set forth, and appointed the defendant and the other trustees executors. The testator died 30th September 1789, one of the executors having died in his lifetime, the defendant and the other surviving executor proved the will, but the latter also dying, the defendant was the sole surviving executor. The testator, at the time of his decease, left three sisters, viz. Estrella, del Mare Jalfon. wife of Zacharias Jalfon of Leghorn in Italy, Maria Hieronyma (formerly called Beyna) Del Mare, who having changed her religion to that of a Roman Catholic, and having become a professed nun at Genoa, had changed her name to Maria Hieronyma, and Bebecca Del Mare, wife of Samuel Del Mare (uncle to the testator), and who, by him, was mother of the plaintiffs. Estrella Del Mare Jalfon had, at the death of the testator, seven children (the co-defendants), all of whom, except one, defendant Abraham Jalfon, were abroad. Maria Hieronyma (formerly Reyna) Del Mare, never was married, or had a child. [447] The plaintiffs argued, by the bill, that being a nun professed, she could not be supposed to be the sister for whose children the testator meant to provide. The plaintiffs therefore contended, that the name Beyna Del Mare was inserted by mistake, and contrary to the intention of the testator, the said Beyna never having had a child, and having changed that name for that of Maria Hieronyma ; nor could Beyna Del 836 DEL MARE V. EEBELLO S BSO. C. C. 448. Mare be called by the name Del Mare, unless she had married a man of the same name, as Rebecca Del Mare, the plaintiff's mother, had...
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Mostyn (Thomas) v Mostyn (Robert John)
...of the Will, and the evidence shows that the testatrix was not personally, acquainted with Thomas. Delmare v. Robello (1 Ves. jun. 412; 3 Bro. C. C. 446; nom. Del Mare v. Rebello) is an authority directly against the Appellant. There the testator devised to all the children of his two siste......
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Mostyn v Mostyn
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Thomas, Lord Camoys, and Elizabeth Tempest, Widow, - Appellants; Thomas Weld Blundell and Others, - Respondents
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