Sarah Deacon, March 26, 1746, Executrix of the Will of Joseph Smith deceased, Son and Heir of Joseph Smith, his late Father deceased, by Martha his first wife, Plaintiff; Eleanor Smith Widow of Joseph Smith, the Father, and five of his Children, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 26 March 1746 |
| Date | 26 March 1746 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 988
HIGH COURT OF CHANCERY
[319] Case 116.-sherman versus collins, February 4, 1745. S. C. cited 1 Ves. 45.-The legacies under the will of /. C. are vested ones, and the time of payment postponed merely on circumstances arising from conveniency to the estate, and therefore the court decreed them to the plaintifi.(l) John Collins by will, dated the 16th of October 1733, " gives and bequeathes unto " each of his daughters Ann and Mary Collins, three hundred pounds, to be paid to " them by his executor John Collins, when he shall attain his age of twenty-six; but '' in regard my two daughters are already provided for by lands settled on them by me, " and my late wife, and by legacies left them by their grandfather, and which I have " paid unto them; it is my intention that they shall not be intitled to any interest for " the said sums to them given by me as aforesaid, before the same shall become payable 986 SHERMAN V. COLLINS 3 ATE. 320. " as aforesaid ; however, for the better securing the said several sums of three hundred " pounds given to my two daughters, my will is, that my two closes in Sutton shall stand " respectively charged with my personal estate, and be liable to the payment of the said " several sums of three hundred pounds to my two daughters at the time above mentioned, " with a power to enter and hold till payment of principal and interest, from the time " it shall become due, and after payment thereof, devises the premisses to his son John " Collins in fee, whom he makes executor and residuary legatee." Both the daughters arrived at their age of twenty-one, but died before John Collins attained his age of twenty-six; one of them married, and left two children, the other is dead unmarried, but by will gave the three hundred pounds to her sister. The husband, and the two children, bring the bill for the legacies. Mr. Brown, for the plaintiffs, cited Powlet versus Dogget, 2 Vern. 86. Miller versus Warren, id. 207. Jackson versus Farrand, id. 424. Bruen versus Bruen, 2 Vern. 439. Pitfield's case, 2 Will. 513, and Lowther versus Condon, before Lord Hardwicke, the first of June 1741. (2 Atk. 127, 130, S. C.) It appeared that the personal estate was not...
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