Roger Acherley, et. Ux, - Appellants; Bowater Vernon, and

JurisdictionEngland & Wales
Judgment Date04 February 1725
Date04 February 1725
CourtHouse of Lords

English Reports Citation: 1 E.R. 1194

House of Lords

Roger Acherley, et. Ux
-Appellants
Bowater Vernon, and Others
-Respondents

Mew's Dig. xv. 424, 454; Barnes v. Crowe, 1792, 1 Ves. jun. 495.

A devise of lands to trustees, who are afterwards changed by a codicil, is not revoked by the codicil; but the new trustees shall stand seised upon the trusts of the will, although the word heirs is made use of in the codicil. J. S. by his will, gives a legacy of 1000 to his niece E. at 18, or marriage; and by a codicil directs that this legacy shall be made up 6000, payable at 21, or marriage; the niece was 18, and under 21, at the time of the testator's making his codicil.-Held, that she was entitled to interest for the whole 6000 from the death of the testator, though she had not then attained 21. A codicil attested by three witnesses, and ratifying a will, amounts to a re-publication of that will, and both ought to be considered together as one will.

case 22.- eogee acherley, et. Ux, - Appellants; Bo water vernon, and Others,-Respondents [4th February 1725]. [Mew's Dig. xv. 424, 454; Barnes v. Crowe, 1792, 1 Ves. jun. 495.] [A devise of lands to trustees, who are afterwards changed by a codicil, is not revoked by the codicil; but the new trustees shall stand seised upon the trusts of the will, although the word heirs is made use of in the codicil. J. S. by his will, gives a legacy of 1000 to his niece E. at 18, or marriage; and by a codicil directs that this legacy shall be made up 6000, payable at 21, or marriage; the niece was 18, and under 21, at the time of the testator's making his codicil.-Held, that she was entitled to interest for the whole 6000 from the death of the testator, though she had not then attained 21. A codicil attested by three witnesses, and ratifying a will, amounts to a re-publication of that will, and both ought to be considered together as one will. 1 Wms. 783. Comyn's Rep. 381. 513. 522. 9 Mod. 68. 10 Mod. 518. Viner, vol. 4. p. 64. ca. 5. p. 115. ca. 41. vol. 5. p. 84. ca. 69. vol. 6. p. 53. ca. 9. p. 237. ca. 10. vol. 8. p. 156. ca. 12. p. 205. ca. 11. 12. p. 244 ca. 20. p. 413. ca. 13. p. 477. ca. 2. vol. 11. p. 153. ca. 73. 2 Eq. Ab. 209. ca. 2. 565. ca. 5. Thomas Vernon, Esq. being seised and possessed of a large real and personal estate, the greatest part whereof he had acquired in the profession of the law, wherein he had deservedly gained a great reputation; and having an intention to make a settlement of his estate, to preserve the same in his name and family, in case he should die without issue male; and entertaining a particular affection for the respondent Bowater Vernon, his cousin and next heir male, who had for several years lived in his family; he, on the 17th of January 1711, made his will, all of his own hand-writing; and thereby devised to Mary his wife an annuity of 1000, to be paid her half-yearly during her life, by his trustees therein named, out of the rents and profits of his real estate, clear of all charges and deductions, except parliamentary taxes, and to be in lieu and satisfaction of her jointure, and of all other claims and demands out of his real estate. He also gave to his said wife, during her widowhood, his capital mansion house at Han-bury, with the gardens, orchards, outhouses, and buildings thereunto belonging, and the park adjoining, and some lands usually kept in his own hands, she keeping the same in repair; but in default thereof, or in case she should marry again, or not think fit to reside there for three months in every year; in each and every of those cases, his will was, that she should deliver the possession of the said premises to the respondent Bowater Vernon, if living, and if dead, to his son, if he should leave any, or to such other [86] person of his name and kindred as was to enjoy that, and the residue of his real estate, according to the trusts and limitations after mentioned. The testator likewise gave to his said wife the use of all his goods, pictures, and furniture, in his said capital messuage, during such time as she should enjoy the said messuage by virtue 1194 ACHERLEY V. VERNON [1725] HI BBOWN. of his will, but so as not to remove any of them from the house; his will being that his trustees, to whom he thereby gave all his said household goods, pictures, and furniture, together with the books and other goods and furniture in his study and gallery, and in all out-buildings and offices there, should permit and suffer the same to be held and enjoyed with his said capital messuage, as heirlooms, by such person and persons, as from time to time should be entitled to the possession of the said capital messuage, according to his will. And he thereby empowered his trustees to assign and transfer the said goods and furniture to other trustees, as there should be occasion, and as they should be advised might be necessary; and to have the trust so declared thereon, as might best tend to preserve and keep the said goods and furniture in the said house, and from being removed or severed from it, for the use and benefit of the persons who should or might become entitled to the said house by virtue of his will.-And he further gave to his wife 500 to be paid within a month after his decease; and all the household goods and furniture of his dwelling-house in London, his coaches and coach horses, and all his plate, except what was therein after otherwise disposed of, together with all his broad gold, jewels, and watches, and also the clocks in the London house. The testator then gave to his sister, the appellant Elizabeth Acherley, an annuity of 200 to be paid to her half-yearly out of the rents and profits of his real estates, to her own hands, for her separate use, exclusive of her present, or any after-taken husband ; and in case she happened to survive his wife, his will was, that the 200 per ann. should, from the time of his wife's decease, be made up 400 per ann. during the life of his said sister, for her sole and...

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8 cases
  • Grealey v Sampson
    • Ireland
    • Chancery Division (Ireland)
    • 29 January 1917
    ...1 I. R. 346. (3) [1907] 1 I. R. 315. (1) 2 M. & S. 5. (2) 3 Bro. P. C. 107. (3) 1 Ves. Jun. 485. (4) 7 Ves. 98. (5) Ambl. 573. (1) 3 Bro. P. C. 85. (2) 7 Ves. (3) 1 Mer. 285, at p. 294. (4) 2 M. & S. 5. (5) 1 Wms. Saunders, at p. 440. (6) [1861] 11 C. B. N. S. 341. (7) 1 Ves. Jun. 486. (1) ......
  • Powys v Mansfield
    • United Kingdom
    • High Court of Chancery
    • 17 November 1837
    ...Williams v. Ooodtitle (10 Barn. & Cress. 895); Doe v. Kelt (4 T. E. 601); Smith v. Dearmer (3 Young & Jer. 278); Acherley v. Vernan (3 Bro. P. C. 85) ; Gordon v. Loid Reay (ante, vol. 5, 274); Hinxinan v. Poynder (Ibid. 546). Sir C. Wetberell, Mr. Kindersley, Mr. Wray and Mr. Bethell, for t......
  • Acherley v Vernon
    • United Kingdom
    • High Court
    • 1 January 1795
    ...Citation: 88 E.R. 321 IN THE COURTS OF KING'S BENCH, CHANCERY, COMMOM PLEAS, AND EXCHEQUER.Acherley against Vernon S. C. affirmed, 3 Bro. P. C. 85 (2nd edit.). Referred to, Bond v. Seawell, 1765, 3 Burr. 1775. Distinguished, Attorney-General v. Downing, 1769, Ambl. 574. Discussed and applie......
  • Monypenny v Bristow
    • United Kingdom
    • High Court of Chancery
    • 1 January 1830
    ...were doubtful, [134] that preamble might lead us to a construction of the intention; for ever since the case of Adierky v. Vemm (3 Bro. P. C., 85, Toml. ed.) the principle has been to presume in favour of republication, making that the rule, and the restriction the exception ; -and thus to ......
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