Rhodes v Rhodes
| Jurisdiction | England & Wales |
| Judgment Date | 19 January 1860 |
| Date | 19 January 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 162
ROLLS COURT
See Ralph v. Carrick, 1877, 5 Ch. D. 991; In re Birks [1899], 1 Ch. 703; reversed on appeal [1900], 1 Ch. 417.
[413] rhodes v. ehodes. July 4, 1859. [See Ralph v. Carrick, 1877, 5 Ch. D. 991 ; In re Birlcs [1899], 1 Ch. 703; reversed on appeal [1900], 1 Ch. 417.J It is a canon of constructiou, that where a testator has affixed a particular meaning to a word in one part of his will, it shall be construed as having the same meaning in all other parts of it, unless it violates the sense. The word "issue" was used in a will on several occasions as equivalent to "children," and the issue were, in some instances, spoken of in reference to their " parent." Held, that " issue " must receive the same construction throughout the will. The testator devised and bequeathed his residuary real and personal estate, upon trust to sell, convert and invest, and pay the interest of 5000, part of the money, to his wife for life, and afterwards unto his children, as his wife should by will appoint, and if she should make no disposition, then the whole 5000 equally amongst his children living at the time the same should " become divisible, and the lawful issue of such of them as shall be then dead, share and share alike," so as such issue take no greater share of the said [414] money than his, her or their deceased parent or parents would have taken, if living. He then gave other pecuniary legacies to the children when they attained twenty-one, " but if any of my children shall die under the age of twenty-one, leaving lawful 27BEAV. 415. RHODES V. RHODES 163 issue, then I direct his or her legacy, and accumulated interest thereof, to be paid equally amongst such children, when and as they shall attain the age of twenty-one years." He gave the residue of his trust money to his children equally, but declared the interest of each child's share should be paid to such child for life, "and on the death of any child to pay the share of such child equally amongst the issue of such child, share and share alike, when and as they shall attain the age of twenty-one years, with benefit of survivorship to the others in case any of such issue shall die under twenty-one years of age without issue, and in the meantime to apply the interest thereof in the maintenance of such issue. And in case any of my children shall happen to die under the age of twenty-one years without leaving lawful issue, or leaving such and all of them shall happen to die under the age of twenty-one years and without issue, then I direct that the share of such child so dying of and in the said residue of the said trust moneys shall be held by my said trustees...
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