Pager v Huish
| Jurisdiction | England & Wales |
| Judgment Date | 04 May 1863 |
| Date | 04 May 1863 |
| Court | High Court of Chancery |
English Reports Citation: 71 E.R. 291
HIGH COURT OF CHANCERY.
S. C. 32 L. J. Ch. 468; 9 Jur. (N. S.) 906; 2 N. R. 104; 8 L. T. 445; 11 W. R. 636. See Patching v. Barnett, 1881, 51 L. J. Ch. 79; In re Trenchard [1905], 1 Ch. 91.
Will. Annuity. Specific or Demonstrative.
[663] paget v. huish. April 30, May 4, 1863. [S. C. 32 L. J. Ch. 468; 9 Jur. (N. S.) 906; 2 N. E. 104; 8 L. T. 445; 11 W. R. 636. See Patching v. Barnett, 1881, 51 L. J. Ch. 79 ; In re Trenckanl [1905], 1 Ch. 91.] Will. Annuity. Specific or Demonstrative. Gift by will of annuities followed by a declaration that they should be paid by the trustees out of the rents of real estate thereby devised. Gift of all real and residuary personal estate on trust, out of the rents of the realty, to pay the annuities, and, subject thereto, to apply the real and residuary personal estate on certain trusts : Held, that the bequest of the annuities was demonstrative ; and that, the rents having proved insufficient, the annuities were payable out of the residuary personal estate. This was a special case upon the construction of the will and codicil of Francis Hart. By the will, dated the 27th of June 1857, the testator, after making a specific bequest of furniture to his trustees, to retain so much as they should think fit for the benefit of his grandson, and to sell the rest, the proceeds to form part of the residuary personal estate; and after giving various legacies, which he directed to be paid out of his personal estate, proceeded thus :-" I give and devise the following annuities," specifying five annuities, and directed as follows :-" And I declare that each of the said five annuities shall be paid by the trustees of this my will out of the rents of my real estate hereby devised half-yearly, and the first payment thereof shall be due and be made at the end of six calendar months from my decease. And I give the said five annuities free of legacy duty, which I direct to be paid out of the rents of my real estate." And the testator devised and bequeathed to his trustees all his real estate, and also all the rest, residue and remainder of his personal estate, not thereinbefore specifically bequeathed, upon the following trusts :-" In trust, with and out of the rents and income of my said real estates, to pay the said several annuities hereby devised or given, and subject thereto upon trust to pay to or otherwise permit my grandson, C. F. Fellows, to receive the rents, dividends, interest, and annual income of 664] all and singular the said real and residuary personal estates, respectively," during his life ; and after his decease to stand possessed of " the said real and residuary personal estates respectively," in trust for the children of C. F. Fellows, who, being sons, should attain twenty-one, or, being daughters, attain that age or be married, and for the issue of sons dying under twenty-one, with gifts over. And the testator directed that, until his said grandson, or, in the event of his death under twenty-one, until his children, being sons, should respectively attain twenty-one, or die leaving issue, or being daughters should attain twenty-one or be married, " the rents, dividends, interest, and yearly income of the several real and personal estate hereby respectively devised and bequeathed, and of the stocks, funds, and securities whereon or wherein the same personal estate shall be invested, shall be accumulated by my said trustees in the way of compound interest," so as not to exceed the period allowed by law; and all such accumulations were to follow the trusts of the estates and effects from which the same should arise. By a codicil, dated the 9th of...
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