Messenger v Andrews
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1828 |
| Date | 26 January 1828 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 885
HIGH COURT OF CHANCERY
See Rees v. Engelback, 1871, L. R. 12 Eq. 237; Woodhouse v. Walker, 1880, 5 Q. B. D. 408; In re Williames, 1884-85, 52 L. T. 44; 54 L. T. 106.
[478] messenger v. andrews. Jan. 25, 2G, 1828. ' ' " '" J [See Bees v. Engelback, 1871, L. R. 12 Eq. 237 ; Woodhouse v. Walker, 1880, 5 Q. B. D. 408 ; In re Williames, 1884-85, 52 L. T. 44 ; 54 L. T. 100.] A testator gives a specific bequest to A., and directs, that, in consideration of the bequest, A. shall pay his debts, and makes A. his residuary legatee, and executor : the payment of the debts is a condition annexed to the specific bequest, and, if A. accept the bequest, he is bound to pay the debts, though they should far exceed the amount of the property bequeathed to him. The testator, by his will, gave his son Richard Messenger a legacy of £100, and devised to him a real estate at Croydon : to his daughter he gave a freehold-house, all the furniture, plate, linen, &c., in a public-house, called The Gun, which he occupied, and a legacy of £700, with interest, from the day of his death ; and he gave to his son James Messenger, a farm at Woodside, with the stock and utensils upon it, subject to certain contingent interests in remainder, limited to the wife and children of James. The will then proceeded in the following words :-" [ also will and bequeath unto my son James Messenger, my lease and good will of the public-house called The Gun, in Church Street, Oroydon, with all the stock of beer, and wine and spirituous liquors on the said premises at the time of my decease, and my will is, that, in consideration of the above bequest to my son James Messenger, he shall pay to my daughter Marian, her legacy or sum of £700, and all my debts which I may owe at the time of my decease, and that he also pay unto my son Richard Messenger, the legacy I have bequeathed to him of £100, and, after collecting all my debts which are due to me of every kind whatsoever, and paying the legacies above-named, and the sum of £00 to William Waters, in such proportions as he shall think fit, at, or before he arrives at twenty-one years of age, I constitute and appoint him my son, James Messenger, residuary legatee of all my personal property whatsoever, and I do hereby also appoint him, my said son James Messenger, my whole and sole exeeutor." [479] The testator died in December 1818 : he was a trader at the time of his death. James...
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