Price v North
| Jurisdiction | England & Wales |
| Judgment Date | 20 December 1841 |
| Date | 20 December 1841 |
| Court | High Court of Chancery |
English Reports Citation: 41 E.R. 563
HIGH COURT OF CHANCERY
S. C. 4 You. & Coll. 509; 11 L. J. Ch. 68; 5 Jur. 1147.
[88] pkice . north. Nov. 22, Dec. 20, 1841. [S. C. 4 You. & Coll. 509; 11 L. J. Ch. 68 ; 5 Jur. 1147.] A testator began his will by directing that all his just debts, funeral and testamentary expenses, should be fully paid and satisfied. He then devised all his real estate to his daughter and her issue in strict settlement; and after giving one specific and one pecuniary legacy he gave all the residue of his personal estate (after and subject to the payment of all his just debts, funeral and testamentary expenses, and the legacies before bequeathed) to his said daughter. Held, reversing the judgment below, that the concluding clause of the will was not sufficient to rebut the presumption, arising from the first, of an intention to charge the real estate in aid of the personalty with the debts. This was a creditor's suit, instituted in the Court of Exchequer, for the administration of the estate of the testator Roderick Gwynne, and for the execution of the trusts of his will. The will commenced in these words:-"First, I will that all my just debts, funeral expenses, and the costs and charges of proving this my will, be fully paid and satisfied." The testator then devised all his real estates to his daughter and her issue in strict settlement. He then gave to his servant David Armstrong 50 and all his clothes. And all his ready money, money in the funds, and securities for money, goods, and chattels, and all other his personal estate and effects whatsoever and wheresoever (alter and subject to the payment of all his just debts, funeral and testamentary expenses, and the legacies thereinbefore bequeathed), he gave and bequeathed unto his said daughter, to be assigned, transferred, and paid to her at her age of twenty-one years or day of marriage, with a gift over in the event of her dying under that age and unmarried. By the order made on the hearing of the cause for further directions before the Lord Chief Baron, it was declared that the proceeds of the testator's real estates, which had been sold under the decree, were legal assets, and they were ordered to be applied accordingly. (See 4 Y. & Coll. 509.) [86] The administrators, with the will annexed of the testator, on behalf of the simple-contract creditors, appealed from that order to the Lord Chancellor, under the 5 Viet. c. 5, s. 22, and the appeal now came on to be...
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The Right Hon. JOHN RICHARDS, one of the Barons of HM Court of Exchequer, CAROLINE RICHARDS, Widow, CAROLINE MARIA RICHARDS, otherwise WOODHOUSE, and another, v CROASDAILE MOLONY, HENRY MOLONY and Others
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