Morrison v Hoppe
| Jurisdiction | England & Wales |
| Judgment Date | 14 February 1851 |
| Date | 14 February 1851 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 812
HIGH COURT OF CHANCERY
S. C. 15 Jur. 737.
[234] moekison v. hoppb. Feb. 14, 1851. [S. C. 15 Jur. 737.] Upon the construction of a will, Held, that the generality of the word " property " was not restricted by the use of the words " interest" and " dividends " with reference to the income. Lemuel Kirkwan, by his will, dated the 19th of April 1820, gave as follows :- "It is my will that my dear wife have for her own use, during her natural life, 100-per annum, arising from stock in the 5 and 4 per cents, standing in my name, and, at her death, to cease ; and the principal to be added to my other property and to be divided equally, share and share alike, to each of my three daughters, Mrs. Martha King, Mrs. George Biggs and Mrs. E. Tosswill; and I give to each of them 60 per annum, arising out of the stock in the funds, and the interest arising out of all my property. Now, I wish it to be so understood, that the property so left to my daughters be secured to them, that their husbands shall have no power whatever to control or constrain, or sell or mortgage any part of the property left to each of my daughters, or apply it to any other use, but that the executors see the dividends received by them and paid to my daughters regularly ; and in case of the death of .either of them, and at the death of each of their husbands, then to be left in trust for their children, and at the age of twenty-one to have share and share alike, if more than one child be living. And I wish to give to the Missionary Society, for spreading the Gospel at home in the villages round about London, 10, and also 10 to the Bible Society, and 5 to the Society for the Eelief of the Widows of Ministers, held ,at Spafields Chapel, and 5 to the school of Spafields Chapel. As there will be a considerable residue, viz., canal shares of the annuities [235] of Mr. J. Lidley and Mr. Gascoigne, and the share stock from the Equitable and Amicable Society, which, and all other remaining property, to be consolidated and laid out in the public funds,, or in the most secure and profitable way possible to increase the property, and at the death of Mrs. Kirkwan to be divided share and share alike to each of my daughters, and at their death to each surviving child or children, share and share alike, to be so secured as they shall not be at liberty to dispose of it, or to alienate the property from them or their children. Mind this, that their...
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Stokes v Salomons
...by words applicable to personal estate in the case of Saumarez y. Saumarez (4 My. & Cr. 331) and in a late case of Morrison v. Eoppe (4 De G. & Sm. 234). Mr. J. Templeton Wood, for the Defendant, conceded that, so far as related to the circumstance of the estate having been acquired after t......