Mullen v Bowman
| Jurisdiction | England & Wales |
| Judgment Date | 03 May 1844 |
| Date | 03 May 1844 |
| Court | High Court of Chancery |
English Reports Citation: 63 E.R. 381
HIGH COURT OF CHANCERY
S. C. 13 L. J. Ch. 342; 8 Jur. 438.
[197] mullen v. bowman. May 3, 1844. [S. C. 13 L. J. Ch. 342; 8 Jur. 438.] Testator by his will, which was not affected by the stat. 11 Geo. 4 and 1 Will. 4, c. 40, gave all his personal, estate (his leasehold house and premises excepted) unto his cousin and two sisters, by name, upon trust to convert the same into money, and apply the proceeds towards payment of his debts and funeral and testamentary expenses; but his wearing, apparel was to be given away to whom they might think fit. He then gave his freehold and leasehold premises to the same persons, upon trust to sell and divide the proceeds among certain persons, two of whom were the trustees; with a declaration that, in order to facilitate such sale, the receipts of his said trustees should be sufficient discharges. He then, after appointing his said trustees to be his executors, declared that his said executors and trustees might retain to and reimburse themselves all their costs, charges, damages and expenses occasioned by the due execution of the trusts thereby in them reposed. Held, that the executors did not take beneficially the residue of the personal estate which remained undisposed of after payment of the testator's debts and funeral and testamentary expenses. John Bowman, of Carlisle, made his will in these words:-" I bequeath all my goods, chattels, and personal estate (my leasehold houses and premises excepted), unto my cousin John Bowman, and my sisters Dinah Bowman and Ann Bowman, upon trust, that they convert the same into money, and apply the net proceeds thereof towards payment of my debts and funeral and testamentary expenses; but my wearing apparel to be given away to whom they may think fit. And I give, devise, and bequeath unto them, the said John Bowman, Dinah Bowman, and Ann Bowman, all my freehold, leasehold, and other houses, buildings, and premises, situate in the City' of Carlisle aforesaid, or elsewhere; to hold to them, their heirs, executors, administrators, and assigns, for all my estates, terms, and interests therein respectively, nevertheless upon the trusts hereinafter declared concerning the same, that is to say, in trust, that, during the lives of my sisters Margaret Stephenson, Elizabeth Mullen, widow, and Mary Mattinson, and the life of the longest liver of them, and also during the lives of their respective husbands, they, the said John Bowman, Dinah Bowman, and Ann Bowman, and their heirs, executors, or administrators, do and shall, by and out of the annual rents, issues, and profits thereof, pay off and satisfy all my just debts and funeral and testamentary expenses, and maintain and support my said sisters Margaret, Elizabeth, and Mary, and each of them, and the...
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