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Rust v Baker

Nominate Series English Reports Cited in 4 Precedent Map Related
JurisdictionEngland & Wales
Judgment Date10 June 1837
Date10 June 1837
CourtHigh Court of Chancery

English Reports Citation: 59 E.R. 176

HIGH COURT OF CHANCERY

Rust
and
Baker

Will. Construction. Presumption of Death.

[443] rust v. baker. June 10, 1837. Will. Construction. Presumption of Death. Testator by his will, dated in 1828, bequeathed a fifth of his residue to W. R.. E. R. and J. R., and all the children of J. R. the elder, and the issue of such of his children as should have departed this life, such issue to take such portion of the fifth as their parents would have taken if living. The testator died in 1829. J. R. the elder had two children besides those named in the will. One of them, N. R., went abroad in 1809, and had not been heard of since 1815. Both before and after the testator's death endeavours were made by inquiries and advertisements to ascertain whether N. R. were living or dead, but without success. Held, that he must be presumed to have died before the date of the will, but, nevertheless, that his children were entitled to the share which he would have taken if he had survived the testator. James Carter, by his will, dated the 27th of December 1828, bequeathed one-fifth part of his residuary personal estate unto and equally between William [444] Rust, Edward Rust and John Rust, and all and...

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4 cases
  • King v Cleaveland
    • United Kingdom
    • High Court of Chancery
    • 2 Julio 1859
    ...was living at the date of the will, died in the testator's lifetime : it was held that his issue might take by substitution. Rust v. Baker (8 Sim. 443); Gray v. Garman (2 Hare, 268). The Court leans to the construction which will include as many objects as possible ; Bouverie v. Bouverie (2......
  • M'Mahon and Others v M'Elroy
    • Ireland
    • Chancery Division (Ireland)
    • 9 Junio 1869
    ...& Stu. 472; 4 Russ. 514. Knight v. BowyerENR 23 Beav. 609, 641; affd. 2 De G & Jon. 421. Doe v. DeakinENR 4 B. & Ald. 433. Rust v. BakerENR 8 Sim. 443. Hughes v. Garner 2 Y. & C. Exch. Rep. 328. Hardy v. Reeves 5 Ves. 426. 426. Smith v. KayENR 7 H. L. C. 750. Watson v. EnglandENR 14 Sim. 28......
  • Gray v Garman
    • United Kingdom
    • High Court of Chancery
    • 30 Enero 1843
    ...the will was made) from bringing themselves within the very words of the will: [272] Tytherleigh v. Harbin (6 Sim. 329); Bust v. Baker (8 Sim. 443); Bebb v. Beckwith (2 Beav. 308). The description (upon this hypothesis) requires only that the brother or sister be dead at the time of the wif......
  • Atkinson v Atkinson
    • Ireland
    • Rolls Court (Ireland)
    • 19 Enero 1872
    ...R. 8 Eq. 643. Christopherson v. NaylorENR 1 Mer. 326. Jervis v. PondENR 9 Sim. 549. Tutherleigh v. HarbinENR 6 Sim. 329. Rust v. BakerENR 8 Sim. 443. Bebb b. BeckwithENR 2 Beav. 308. Porter's TrustsENR 4 K. & J. 192. Attwood . AlfordELR L. R. 2 Eq. 479. In re Potter's TrustsELR L. R. 8 Eq. ......

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