Pettinger v Ambler
| Jurisdiction | England & Wales |
| Judgment Date | 20 February 1866 |
| Date | 20 February 1866 |
| Court | High Court of Chancery |
English Reports Citation: 55 E.R. 919
ROLLS COURT
S. C. L. R. 1 Eq. 510; 14 L. T. 118. See Hodsdon v. Dancer, 1868, 16 W. R. 1102.
[321] pettinger v. ambler. Jan. 16, Feb. 13, 20, 1866. [S. C. L. R. I Eq. 510; 14 L. T. 118. See Hodsdon v. Dancer, 1868, 16 W. R. 1102.] By a will dated in 1858 the testator purported to execute all powers. By a subsequent settlement he settled his property, reserving to himself a power of appointment by his "last will." He afterwards made another will, which he termed his "last will," and he thereby only partially executed the power. Held, that the first will of 1858, though unrevoked, was in no way an execution of the power. 920 PETTINGER V. AMBLER 38 BEAV. 322. John Bunn made his will, dated the 3d of August 1858, by which he gave considerable legacies and made devises, specifically of freehold and copyhold; arid he gave all other the real and personal estate, which he should, at his death, be seised or possessed of or entitled to, or over which he had or should have any power to dispose, unto trustees for sale, and to divide the produce between Anne Pettinger and others. And he revoked all wills and codicils theretofore made by him arid declared that to be his last will and testament. In July 1861 arid in July 1862 he made codicils to his will which did not affect the question. On the 10th of August 1862 John Bunn made a settlement of his property, which was to this effect: It was made and executed by and between the testator, of the one part, and the Defendant, Caroline Wightman, and the Plaintiff, Anne Pettinger, of the other part; and the testator thereby conveyed certain property and all other his freehold estates unto Caroline Wightman and Anne Pettinger and their heirs, upon trust for himself for life, with remainder to Elizabeth Jane Ambler (otherwise Elizabeth Jane Bunn) for her life, and after her decease upon such trusts, &c., as John Bunn, by his last -ivill or any codicil thereto, should appoint, and in default of appointment in trust for Elizabeth Bunu, her heirs and assigns. He also assigned to the same trustees all his leasehold personal estate upon trust for himself for life, with remainder to Elizabeth Bunn for life, with re-[322]-mainder as she should appoint, and in default upon trust for her. This settlement, in fact, disposed of the whole of the property he then had, with the exception of copyholds. In November following (1862) John Bunn made a will, commencing thus : "This is the last will of me John Bunn," &c., and he thereby, in pursuance of the power in the deed of settlement (which he referred to), gave a life annuity of 100 to his sister Anne Pettinger out of his freehold property; but he made no further disposition of the property comprised in the settlement and subject to the power. He thereby demised his copyholds to Caroline Wightman and her heirs, and he appointed Anne Pettinger and Caroline Wightman executrixes. The testator died on the 30th of July 1863, and both wills and both codicils had been, in November 1864, duly proved in the Court of Probate by the executrixes. The question was whether the will of 1858 was, in any way, an execution of the power contained in the settlement of 1862. Another question arose on the following circumstances :-In September 1861 the testator purchased a freehold property at Croydon for 850, but the contract had not been completed at his death, and a question was raised out of what fund the purchase-money was to be...
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