Markham v Ivatt
| Jurisdiction | England & Wales |
| Judgment Date | 23 July 1855 |
| Date | 23 July 1855 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 727
ROLLS COURT
[579] markham v. ivatt. July 23, 1855. A. bequeathed a leasehold for the benefit of B., and gave her a power to appoint it by will, and, in default, to A.'s "nearest of kindred, precisely in the same manner directed by the statute made for the distribution of intestates' effects." On B.'s death without appointment, held, that the next of kin of A. at her own death, and not those at the death of B., were entitled. A testatrix having two leaseholds, at X. and Y., bequeathed those at X. to one for life, and directed that after her decease, they should " form the residue of her leasehold estates thereinafter bequeathed." She then bequeathed all the residue of her leaseholds, " whatsoever and wheresoever," not thereinbefore otherwise disposed of. Held, that the leaseholds at Y. also passed under the residuary gift. The term " nearest of kindred," with reference to the Statute of Distributions, has the same meaning as " next of kin." Katherine Smith, being possessed of a leasehold messuage in the parish of St. Mary, in Cambridge, bequeathed it to two trustees, upon trust for the separate use of her daughter Ann, the wife of the Plaintiff Thomas Markham, and to convey it as she should by deed or will appoint; " and in default of any such direction, appointment, gift or bequest, then upon further trust that her trustees, from and immediately after the decease of Ann Markham, should dispose of the said leasehold estates, or so much thereof as should remain unappointed and undisposed of by her, to and amongst the nearest kindred of her " [Katherine Smith], " precisely in the manner directed by the statute made for the distribution of intestates' effects." Katherine Smith died in 1833, leaving Ann Markham her sole next of kin. In 1846 Ann Markham made her will, and she thereby bequeathed her two leasehold messuages in St. Giles, Cambridge (being the whole of her leasehold property, exclusive of that in St. Mary's), unto the Plaintiff, her husband, for life, and directed that after his decease, the same should form the residue of her leasehold estates thereinafter bequeathed. And, after [580] making divers other devises and bequests, Mrs. Markham devised and bequeathed " all the residue and remainder of her freehold and leasehold messuages or tenements, lands, hereditaments, estate and premises, whatsoever and wheresoever, not thereinbefore otherwise disposed of, and over which she had any...
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Holloway v Radcliffe
...Secondly. The class is to be ascertained at the death [166] of the original testator; Gable v. Cable (16 Beav. 507); Markham v. Ivatt (20 Beav. 579). Thirdly. Generally, where there is a child, the widow takes one-third under tha statute, but here the gift is " unto and equally amongst my l......