Ranelagh v Ranelagh
| Jurisdiction | England & Wales |
| Judgment Date | 12 November 1849 |
| Date | 12 November 1849 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 1036
ROLLS COURT
S. C. 19 L. J. Ch. 39. See Dowling v. Dowling, 1865, L. R. 1 Eq. 447.
[200] RANELAanw. ranelagh. Nov. 7, 12, 1849. [S. C. 19 L. J. Ch. 39. See Dmaling v. Dmvling, 1865, L. R. 1 Eq. 447.] Pecuniary legacies were severally given to A., B., C. and D. "during their natural lives ; " and in case of the demise of any of them " without legitimate issue," his proportion was to be divided amongst the survivors. A. died, leaving children. Held, that they did not take by implication, but that on A.'s death, his legacy fell into the residue. The testator, Lord Ranelagh, by his will, dated the 20th of August 1814, gave his residuary personal estate, in trust for the benefit of the Plaintiff, Lord Rauelagh, for life, and, after his decease, for the benefit of his first and other sons, with certain limitations over. By his first codicil he expressed himself as follows : - " My daughter, Mary Ann Jones, having a fortune of ,£10,000, which I hold in trust for her, &c., I give her for the present only £200 to buy mourning. I give to my two daughters, Sarah Antonia Jones and Louisa Jones, during their natural lives, £4000 each. I give to my two sons, Thomas Cowley Jones and Thomas Edward Jones, £2000 sterling each, during their natural lives. Legal interest at £5 per cent, to be paid to all of them, in equal quarterly payments, commencing from the day of my decease, till my son the Honourable Thomas Jones, or my heir in entail, attains his or her twenty-first year of age. To prevent any mistake or misconception of my directions, I repeat my intentions respecting the above legacies in figures : - To Mary Ann Jones £200 to be paid forthwith. Sarah Autonia Jones . . £4000' Louisa Jones . . . 4000 Thomas Cowley Jones . 2000 Thomas Edward Jones . 2000 £5 per cent, interest, to be paid quarterly till my heir is twenty-one years of age. [201] "In case of the demise of any of the above parties without legitimate issue, their, his, or her proportions to be divided equally amongst the survivora" By another codicil, he stated that the above legacies were to be paid out of monies he had in the public funds. At the hearing, it was held, that dying " without legitimate issue " meant, not an-indefinite failure of issue, but a failure of issue living at the death of the legatee (2" Myl. & K. 441); and it was ordered, that the several legacies should be carried over to the separate account of the several...
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