Nugee v Chapman
| Jurisdiction | England & Wales |
| Judgment Date | 07 December 1860 |
| Date | 07 December 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 637
ROLLS COURT
[288] nuuee v. chapman (No. 1). Dec. 6, 7, 1860. A testator having contracted to purchase a real estate, devised it to his son Andrew and his issue, and he bequeathed his residue in moieties between his sons Andrew and George. But he directed that 10,000 should be debited against Andrew's moiety, as an equivalent for the real estate devised to him. Before the testator's death the contract was rescinded. Held, that no deduction ought to be made from Andrew's moiety of the residue. The testator Francis James Nugee, having two sons Andrew and George, made a codicil, dated the 18th of March 1858, which was as follows:- " Whereas, since the date of my said will, I have purchased or1 contracted to purchase from the trustees of the Eev. Lovelace Bigg Wither the manor or reputed 638 NUGEE V. CHAPMAN 29BEAV.289. manor of Wymering, in the county of Southampton, with a farm called Wymering farm thereto attached, and containing two hundred and forty-six acres or thereabouts, and a piece of downland adjoining thereto, and containing thirty-eight acres or thereabouts, but which purchase, as to the said downland, may or may not be eventually completed, I do hereby give and devise the said manor or reputed manor of Wymering, and the said Wymering farm, and the said piece of downland adjoining thereto (in case the purchase thereof shall be completed), unto and to the use of my son Andrew Nugee and his assigns during his life," with remainder to the children of Andrew Nugee with remainder over. And he bequeathed one moiety of the residue of the produce of his real and personal estate unto his son, Andrew Nugee, absolutely, and the other moiety and 17,000 unto his son George Nugee for life, with remainder to his children. But the testator directed as follows:-" And I direct that, in ascertaining the moieties of my said residuary trust monies and effects, the sum of 10,000 shall be debited against the moiety so bequeathed by me, as last aforesaid, to the said Andrew Nugee, as an equivalent for the manor and farm at Wymering aforesaid, which I have hereinbefore devised to him and his issue in tail, but [289] no deduction shall be made from the said sum of 10,000 in case the purchase of the downland is or is not completed." The testator made a second codicil on the 25th of September 1859, and died on the same day. The contract for purchase of the manor of Wymering, and of the farm and downland referred to...
To continue reading
Request your trial
-
Loftus v Stoney
...KimberENR 29 Beav. 38. Horsfield v. Ashton 1 W. R. 259. Milroy v. MilroyENR 14 Sim. 48. Burley's case 4 M. & Cr. 331. Curtis v. PriceENR 29 Beav. 288. Doe v. PerrattENR 29 Beav. 207. Counden v. ClarkeUNK 14 Ir. Ch. Rep. 262, 388. Archer's case 2 M. & K. 265. Wrigktson v. MacaulayENR 5 Hare,......