Nevinson v Lady Lennard
| Jurisdiction | England & Wales |
| Judgment Date | 26 May 1865 |
| Date | 26 May 1865 |
| Court | High Court of Chancery |
English Reports Citation: 55 E.R. 723
ROLLS COURT
487] nevinson v. lady lennard. April 27, 28, May 26, 1865. The word "money," coupled with the word "cash," held confined to money strictly and properly so called. The word "money," standing by itself, is confined to the proper meaning of that word; yet, if money be given after a direction to pay debts, legacies, and funeral and testamentary expenses, or with any other words which denote an intention, on the part of the testator, to dispose of the whole of his estate, it will be construed as synonymous with " property." Two questions arose on this summons to vary the Chief Clerk's certificate. The first was a question of construction on the will and codicils of the late Lady Dacre. The second (assuming the construction of the will to be adverse to the interest of the late Sir Thomas Barrett Lennard) was how the interests of his younger children were to be enforced against his estate and to what extent. The first testamentary instrument referred to a prior will, which was not in existence, and was probably destroyed by the testatrix, and the first testamentary instrument contained a devise of two cottages to the person interested in the real estates of Lord Dacre. 724 NEVINSON V. LADY LENNARD M BKAV. ffla. The second testamentary instrument, on which the question principally arose, was in these words :- " No. 2. When all my just debts and legacies are paid, without the smallest deduction arising from any sort of taxes, I give the residue of all my money, either in my banker's hands or elsewhere, if any such cash be remaining, in trust for my dear Mr. Lennard's (NOTE.-Meaning Sir Thos. B. Lennard's) younger children, to be laid out in some sort of security, the produce of which to be divided equally among them according to their father's approbation as to the time." The question was this :-whether the word " money" did not include all the residue of the testatrix's estate. By the third testamentary instrument Lady Dacre [488] gave 2016 consols to Sir Thomas Barrett Lennard, upon trust for her sister, and, after her decease, for two nieces, and, after the decease of the survivor of all, then in trust for the younger children of Sir Thomas Barrett Lennard. The fourth testamentary instrument was to this effect:- "No. 4. I, the Right Honorable Ann Dowager Lady Dacre, do hereby give and bequeath unto Sir Thomas Barrett Lennard, Bart, (who I have called in my will Mr. Lennard), who is...
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Bevan v Bevan
...R. 12 Eq. 455. Hewitt v. Bredin 10 Ir. Jur. (N. S.) 85; on appeal, 265. Ferguson v. Ogilby 2 Dr. & War. 548. Nevinson v. Lady LennardENR 34 Beav. 487. Dunally v. Dunally 6 Ir. Ch. R. 540, 549. Vaisey v. ReynoldsENR 5 Russ. 12. Reilly v. Stoney 16 Ir. Ch. R. 295. Fryer v. RankenENR 11 Sim. 5......