Sanders v Miller
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1858 |
| Date | 01 January 1858 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 595
ROLLS COURT
Not followed, Stringer v. Harper, 1859, 5 Jur. (N. S.) 401; In re Middleton, 1881, 19 Ch. D. 554.
[154] sanders v. miller. Feb. 12, April 15, 16, 1858. [Not followed, Stringer v. Harper, 1859, 5 Jur. (N. S.) 401; In re Mvldletm, 1881, 19 Ch. D. 554.] Devise to the children of A., B. and C. who should be living when the youngest attained twenty-one, with a direction that "the present yearly rents" should be paid to the persons who brought up the children of C. Held, upon the context, that until the contingency happened, the rents were to be paid to such persons in trust not only for the children of C. but of A. and B. A bill was filed for the administration of the real and personal estate. A part of the real estate was specifically devised, and gave rise to questions of construction ; other part was devised to charities, which devise was void under the Statute of Mortmain. The residuary real estate deacended on the heir, and the residuary personal estate was undisposed of, and went to the next of kin. Held, that the costs of suit attributable to the administration of the trusts of the real estate were payable out of the descended estates, and that those relating to the execution of the trusts of the personal estate out of the residuary personal estate. The testatrix, who died in 1856, devised, in substance, as follows:-I devise the seven shares in my freehold messuages at Stamford Hill unto all the children of my cousin Elizabeth Hewer, also the children of my cousin Ann Davies Saunders, likewise the chiUren of my late.cousin Mr. James Robert Cole, surgeon " as may be aline at the time of the last yowngest child of any of them attaining the age of twenty-one years, share and share alike, in the rents and profits for them and their heirs far ever. But should only one survive, to that only one, his or her heirs for ever; but should I die before then, the present yearly rents are to be paid to those who bring up the children of the late James E. Cole; and at any time, should the said freehold be wanted for any purpose by Government, then the money arising from the sale thereof is to be laid out in some stock that each party may receive the interest therefrom for ever." [155] The Plaintiffs were the children of Elizabeth Hewer and Ann Davies Saunders, and were all infants. The bill was filed against the executors, the children of James Robert Cole (infants), Dupree, who was the...
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Stringer v Harper
...or, at all events, that they should be apportioned; Mo-mll v. Fisher (4 De G. & S. 422); Ahop v. Bell (24 Beav. 451); Sanders v. Miller (25 Beav. 154). Mr. C. T. Simpson, for the heir at law, argued that the personal estate was not exonerated from the payment of the costs of suit, and that ......