Norris v Le Neve
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 1744 |
| Date | 28 April 1744 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 850
HIGH COURT OF CHANCERY
848 PAIN V. BENSON 3 ATK. 79. Case 30.-pain versus benson and palmer, April 23, 1744. [See Melsom tj Giles, 1870, L. B. 5 C. P. 621 ; Kumar Taralteswar Boy v. Kumar Shoshi Skikhareswar, 1883, L. E. 10 Ind. App. 60.] T. B. by his will appoints the interest that shall be made of his personal estate to be paid to his father during his life, and after his decease, to his mother for her life, and after their decease, gives the residue of his personal estate to his brother and sisters, and to the sisters of his late wife Martha and Rebecca Pain, share and share alike; and then says, in case of the death of my brother, or any of my sisters, or wife's sisters, before me, or the survivor of my father and mother, I appoint his, her, or their shares to be divided among the survivors. The brother died in the testator's life-time, but after the will was made, and his sisters in the life-time of the testator's mother, who survived her husband, but is since dead. Martha and Rebecca Pain claim the residue of T. B.'s personal estate. They are intitled, as the only surviving legatees at the death of the survivor of the testator's father and mother, to the whole residue of T. B.'s estate, to the accumulated share of the persons who are dead, as well as their original fifth. (So Worlidge v. Churchill, 3 Bro. Cha. Rep. 465.) Thomas Bellasis, September 14, 1721, made his will as follows : I appoint all such interest as shall be made upon my personal estate shall be paid to my father Thomas . Bellasis, during his life, and to my mother Mrs. Elizabeth Bellasis after his decease, in case she shall survive him, during her life, for their respective uses; and after the decease of my father and mother, I give all the residue of my said personal estate and effects to my brother and sisters Charles, Mary and Elisabeth Bellasis, and the sisters of my dearly beloved wife deceased, Martha Pain, and Rebecca Pain (the plaintiffs) to be equally divided amongst them, share and share alike; and in case of the death of my brother, or any of my sisters, or wife's sisters, before me, or the survivor of my father and mother, I do appoint his, her, or their shares to be divided amongst the survivors of them. The testator died in 1722, without revoking his will. Charles Bellasis died in the testator's life-time, but after the making of the will, Mary and Elizabeth, the testator's sisters, died in the life-time of...
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