Scawin v Watson
| Jurisdiction | England & Wales |
| Judgment Date | 04 March 1847 |
| Date | 04 March 1847 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 559
ROLLS COURT
S. C. 16 L. J. Ch. 174, 404; 11 Jur. 293, 576. See Lassence v. Tierney, 1849, 1 Mac. & G. 562; In re Houghton,, 1884, 53 L. J. Ch. 1019.
MBEAV.ioo. SCAWIN V. WATSON 559 [200] scawin v. watson. March 4, 1847. [S. C. 16 L. J. Ch. 174, 404; 11 Jur. 293, 576. See Lassence v. Tierney, 1849, 1 Mac. & G. 562 ; In re Hmghtm,, 1884, 53 L. J. Ch. 1019.] Bequest to a daughter of .1000 stock and .70 a year for life, which two sums were to be under the trust of the executors, and not to permit her to assign " her said annuities," and pay the interest from the 1000 to her for her life, and at her decease, to divide it between her children. Held, that the daughter took for life only, and not an absolute interest, subject to be defeated by the interests given to her children. Distinction between an absolute bequest with a subsequent gift in derogation, and a limited bequest followed by a subsequent restricted gift over. In the former case the absolute gift remains upon failure of the subsequent gift, but in the latter the limited bequest is not enlarged by such an event. This ease came before the Court upon demurrer. The testator, amongst other things, expressed himself as follows :- "1 give and bequeath unto my daughter Harriet Watson 1000 out of my 3J per cent. .Reduced stock, and also 70 a year during her natural live, to be paid unto her in four quarterly payments, after she attains the age of twenty-one years and six months; which two sums I direct and devise to be under the trust of my executors, namely, not to permit my said daughter to assign her said annuities to anyone, and the interest arising from the 1000, as it becomes due, to pay the same to her for her life, into her own hands, and her receipt shall be a sufficient discharge, even if she marry; and at her decease, upon trust to divide the principal sum of 1000 equally, between and amongst all and every her child and children. I further bequeath to my daughter Harriet Watson 10 a year until she attains the age of twenty-one years and six months." The testator died in 1829. In 1834 Harriet Watson attained twenty-one, married, and died in 1846, without ever having had a child. The Plaintiff, her husband and administrator, claimed, [201] by this bill, to be entitled to the sum of 1000 3J per cent. Reduced annuities. Mr. Purvis and Mr. F. Bayley, in support of the demurrer. The Plaintiff has no interest in the sum of 1000 stock, because...
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