Sale v Moore
| Jurisdiction | England & Wales |
| Judgment Date | 23 July 1827 |
| Date | 23 July 1827 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 678
HIGH COURT OF CHANCERY
Will. Constructive Trust.
[534] sale v. moore. July 23, 1827. Constructive Trust. A testator having given an annuity to one of his next of kin, and expressed a reason for giving nothing to the others, gave the residue of his property to his wife, recommending to her and not doubting that she would consider his near relations, as he would have done if he had survived her. Held that there was no trust for the next of kin, but that the wife took the residue absolutely. Edward Moore, clerk, made his will in the following words : - " I give and bequeath to my beloved wife, Mary Moore, all my worldly substance, of what kind or nature soever, or wheresoever, upon trust for the following purposes : 1st. That she do pay all my just debts and funeral expenses ; also that she pay the sum of 100 to the treasurer or assistant who call themselves the Governors of the Salisbury Infirmary ; which sum I charge on my personal estate, and desire it may be applied to the charitable uses of the said society ; also that she pay the sum of 50 a year to my sister, Fanny Moore, of Rumsey in the county of Hants, spinster, during her natural life ; which sum I hereby charge on my personal estate ; my brother being in affluent circumstances, and my eldest sister being already well provided for by me, will, I trust, be considered by them as a sufficient reason for my not leaving them anything in this my will, as I could not do it without taking from my wife's property, who is more in need of it. The remainder of what I die possessed of, after the payment of the aforesaid debts and legacies, I leave to my dear wife aforesaid, recommending to her and not doubting, as she has no relations of her own family, but that she will consider [535] my near relations, should she survive me, as I should consider them myself in case I should survive her. And I hereby appoint my said wife sole executrix of this my will." The testator died in 1812, leaving John Moore, Fanny Moore and Mary Moore, his brother and sisters, his only next of kin. Mary Moore, the testator's widow, by her will, dated in the year 1822, but which did not recite or in manner refer to her late husband's will, gave legacies to the testator's brother and several other persons, and annuities to the sisters. She died shortly after the date of her will. The bill was filed by the testatrix's executors against the legatees and annuitants under her will. It alleged that Mary Moore and Fanny Moore, the testator's sisters, not only claimed the annuities given to them by the testatrix, but also to be entitled, together with John Moore, the testator's brother, to the whole of the property l SIM. 5M...
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