Sidney v Sidney
| Jurisdiction | England & Wales |
| Date | 1865 |
| Year | 1865 |
| Court | Equity |
Will - Release of Interest on Specific Sum - Ademption - Republication by Codicil -
Testator by his will, after reciting that there was due to him from his son the sum of £1440 or thereabouts, secured to him by bills or notes, or otherwise, released his son from payment of any interest up to the time of his death, and directed that he should have time for payment of the principal by instalments. Some years after he made a codicil not containing any reference to the aforesaid release. At the date of the will the son was indebted to his father in the sum of £1400, and between the dates of the will and codicil that sum was paid off and a subsequent advance of £1291 was made to the son by the testator, which was owing at the time of his death:—
Held, that the release of interest was equivalent to a specific legacy of the interest on the debt due at the date of the will; that the legacy had been adeemed, and that the release did not extend to the interest on the subsequent debt due at the date of the codicil.
WILLIAM SIDNEY, the testator in the cause, by his will, dated the 20th of February, 1860, made the following provision:—
“Whereas there is also due to me from my eldest son the aggregate sum of £1440 or thereabouts, secured to me by bills or notes, or otherwise. I do hereby release my said son from the payment of any interest up to the time of my death. And I direct that he shall have time for payment of the said sum of £1440 or thereabouts by paying one-sixth thereof in every year next after my death, so that the same will be payable over a period of six years by equal yearly payments.”
The testator executed two codicils to his will, dated respectively the 28th of February, 1870, and the 14th of May, 1870, which did not contain any reference to the said direction as to his son's debt or the interest thereon. He died on the 25th of November, 1870. At the date of his will the testator's son was indebted to him in respect of various advances amounting to about £1400, which, it was admitted, represented the sum referred to in the will, and the repayment whereof was secured by promissory notes or acceptances.
The sums thus due to the testator at the date of the will were all paid off, and the testator subsequently made to his son other advances, which at the date of the second codicil and at the time of his death amounted to £1291, of which £930 was secured by promissory notes, and £361 was unsecured.
The suit was instituted by the son against his father's executors, and prayed a declaration that under the provisions of the will, as confirmed by the codicils, the Plaintiff was wholly released from the payment of any interest up to the time of the testator's death on the amount owing at the testator's death to the testator's estate from the Plaintiff for principal, on any bills, notes, or otherwise, and also was entitled to time for the payment of such amount by instalments. The bill also prayed an injunction to restrain an action by the executors to recover the amount in question.
The question in the case was, whether the will operated only as a release of the interest on the specific sum then due, or whether, that sum having been paid off, it released the interest on all sums due from the son to the father at the date of the second codicil and at the time of his death.
Mr. Southgate, Q.C., and Mr. J. W. Chitty, for the Plaintiff:—
This will was republished by the last codicil, and, under sect. 34 of the Wills Act, the effect of its republication, as...
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Faith Panton Property Plan Ltd v Hodgetts
...cases in which she had applied for such an order but not yet obtained it on the other hand. Examples of the first category of cases are Sidney v. Sidney (1867) 17 L.T.9, Gillett v. Gillett (1889) 14 P.D. 158, Waterhouse v. Waterhouse (1893) P. 284, Brewis v. Brewis (1893) W.N. 6, Newton v. ......
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Edward John Gregge Hopwood, - Appellant; Frank George Hopwood, - Respondent
...1885, 28 Ch. D. 555; In re Lacon; Lacon v. Lacon (1891), 2 Ch. 482. As to republication of will by codicil cf. Sidney v. Sidney, 1873, L.R. 17 Eq. 65. Wills - Legacy - Settlement - Ademption - "Farther."728] EDWARD JOHN GREGGE HOPWOOD",-Appellant; FRANK GEORGE HOP-WOOD,-Respondent [July 29,......