Sherratt v Bentley
| Jurisdiction | England & Wales |
| Judgment Date | 07 November 1834 |
| Date | 07 November 1834 |
| Court | High Court of Chancery |
English Reports Citation: 39 E.R. 901
HIGH COURT OF CHANCERY
See Gravenor v. Watkins, 1871, L. R. 6 C. P., 506; In re Brown's Trusts, 1873, L. R. 16 Eq., 241; In re Bagshaw's Trusts, 1876, 77, 46 L. J. Ch., 568 (n.); 24 W. R., 876; 25 W. R., 659.
.sherratt . bentley. Holl-s. Nov. 22, De.e. 2, 21, 1833 ; L. C., nok. 5, 6, 7, 1834. ,[See Gravenor v. Watkinx, 1871, L. K., 6 C. P., 500; In re, ttrffivn'x Trust*, 1873, L. K. 16 Eq., 241 ; In re Baijxliaio's Trusts, 1876, 77, 46 L. J. Gh., 568 (n.) ; 24 W. R., 876 ; 25 W. R., 659.] If the general intention of a testator can be collected upon the whole will, particular terms used, which are inconsistent with that intention, may be rejected as introduced by the testator's mistake or ignorance of the force of the words used. Where the latter part of a will is inconsistent with a prior part, the latter part will prevail. The will of William Harrison, so far as it is material, was in the following words : - " First, I direct the payment of all my just debts, funeral expenses, and the charges of proving this my will, and also the legacy of my sister, Sarah Stonier, for her life, and afterwards to her son John, under my late father's will, when the same shall become due and payable. Also I give and bequeath unto my executors herein- . after named the sum of 400, upon trust that they, or the survivor of them, their executors, administrators, or assigns, do and shall put and place the same out to interest on Government or such other security or securities as they shall think proper, and do and shall pay and apply the interest, dividends, and produce of the said sum of 400 to Henrietta Slater, daughter of Ann Robotham, for and during the term of her natural life ; and from and after her decease, then I give and divide the said sum of 400 to and amongst all and every of the lawful child or children of the said 902 SHERRATT V. BENTLEY 2 MY. & K. 150, Henrietta Slater, share and share alike, when [150] and at such time as such child or children shall severally attain the age of twenty-one years, and in case any of them shall die before his or her legacy shall become due and payable, leaving lawful issue, such issue to take and be entitled to their parent's part or share. But in case the said Henrietta Slater shall depart this life without leaving lawful issue, then I give, devise, and bequeath the said sum of 400 unto my loving wife Margaret Harrison, to dispose of the same in what way and in such manner as she may think proper. I give, devise, and bequeath unto my said wife Margaret Harrison the messuage or tenement situate at Doveridge, in the said county of Derby, with the hereditaments and appurtenances thereunto belonging, which I lately purchased of Mr. Joseph Sadler, and all other my real estates whatsoever and wheresoever, and also all my household goods, furniture, implements of household, the stock upon my farm, as. well quick as dead, and also my ready-money, monies out upon securities, and all other my personal estates whatsoever and wheresoever, and of what nature or kind soever, to hold to my said wife, her heirs, executors, administrators, and assigns for ever. I further order and direct that none of the legatees, as before mentioned, shall be entitled unto the whole or any part of his, her, or their legacy or bequests so bequeathed, until the full term and end of twelve months after my said wife Margaret Harrison's decease, and in case my said wife shall happen to die in my lifetime, arid the before-mentioned devises and bequests to her thereby lapse, I do give, devise, and bequeath the estate and effects, as well real as personal, comprised therein, to my brother-in-law William Sherratt, his heirs, executors, administrators, and assigns, upon trust that the said William Sherratt, his heirs, executors, administrators, and assigns, do and shall stand and be seised and possessed thereof respectively, to. the use of [151] such person or persons, and for such estate and estates, intents and purposes, and in such manner and form as my said wife shall in her lifetime, by any writing under her hand, direct or appoint the same. I hereby further give unto my sister Ann Smith the interest of .250, and at her decease the said principal or sum of 250 to be equally divided amongst her children, share and share alike. I give and bequeath unto my brother Thomas Harrison the interest of 200, and at hia decease the said principal or sum of '200 to be equally divided amongst his children, share and share alike. I give unto my sister Coxon's children (viz.), William Coxon,. Michael Coxon, and Eliza Wagstaff, the sum of 50 each. I give and bequeath unto-Elizabeh Sherratt, daughter of William arid Hannah Sherratt, the sum of 600, and provided she dies leaving no lawful issue, then I give the said sum of 600 unto the whole of her brothers and sisters, excepting John Sherratt, share and share alike. I also further give, devise, and bequeath unto William Allen, jun., of the Windy Bank, and the whole of my brother-in-law, William Sherratt's, children, the rest, residue, and remainder1 of my real and personal estates, of what kind and sort soever and wheresoever, to be equally divided amongst them, share and share alike, at the decease of my said wife Margaret Harrison." The will then contained the usual clauses, authorising the executors to reimburse themselves their reasonable costs and charges, and declaring that they should severally be answerable for their own wilful neglect or default only; and it concluded by appointing the testator's wife, Margaret Harrison, and his brother-in-law, William Sherratt, his executrix arid executor. [152] After the death of the testator, his widow, Margaret Harrison, intermarried with the Defendant Bentley, who survived her; and who, upon her decease, became entitled, by virtue of an appointment made in execution of a power reserved to heron her second marriage, to whatever interest she took under the will of Thomas Harrison. The bill was filed for the purpose of obtaining the opinion of the Court upon the construction of the will; and the material question, which came to be discussed on further directions, was whether1, under the will above stated, Margaret Harrison took the real and personal estate of the testator absolutely, or for life only ; or whether, as was insisted on behalf of the testator's heir at law and rrext of kin, the; will, or the greater part of it, was void for uncertainty. Mr. Pemberton and Mr. Temple, for the surviving executor. Mr. Wright, for the heir at law, contended, first, that the will was void for uncertainty; and, secondly, that, if the Court did not arrive at that conclusion, th& 2 MY. & K. 153. SHEER ATT V. BENTLEY 903 clause which, cut down the absolute interest given to the wife...
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