Simmonds v Cock

JurisdictionEngland & Wales
Judgment Date08 March 1861
Date08 March 1861
CourtHigh Court of Chancery

English Reports Citation: 54 E.R. 704

ROLLS COURT

Simmonds
and
Cock

S. C. 7 Jur. (N. S.) 718; 9 W. R. 517.

704 SIMMONDS V. COCK 29BEAV.MB. [455] simmonds v. cock. March 4, 5, 8, 1861. [S. C. 7 Jur. (N. S.) 718; 9 W. E. 517.] Devise of real estate to A. for life, and after her decease to B. and C. and D. and E. (an infant) " provided she lives to attain the age of twenty-one years." Held, that this was a condition subsequent, and the tenant for life having died during the minority of E., that E. was entitled to her share of the rents until she attained twenty-one. The testator, William Cock, by his will dated in 1853, gave the yearly rents and profits of all his real estate, and the interest, dividends and yearly produce of all his personal estate, unto his wife Ann Cock for her life, and, after her decease, the testator gave, devised and bequeathed all his real and personal estates unto and to the use of his sons, Albert Cock, Edwin Cock and Frederick Cock, and his granddaughter Ellen Bayden Simmonds, p-amded she lived to attain the age of twenty-one years, their respective heirs, executors, administrators and assigns absolutely. The testator appointed his three sons executors of his will. The testator died on the 27th of October 1853 ; his wife survived him, but died a few days after. The testator died seised of real estate and possessed of some property held upon lease for lives under the Dean arid Chapter of Canterbury. This suit was instituted by Ellen Bayden Simmonds, an infant of about seven years of age, against the testator's three sous and executors, praying the administration of the estate, and that the Plaintiff's contingent share might be ascertained and properly secured. A decree was made in 1859, directing the usual accounts and inquiries as to the personal estate, together with an inquiry as to the testator's real estate, and an account of the rents thereof received by the Defendants. The Defendants presented a petition of rehearing, stating that the cause was heard as a short cause, and [456] that the attention of the Court had not been drawn to the fact that, in consequence of Ann Cock, the wife of the testator, having survived the testator and afterwards died while the Plaintiff was still an infant, the Plaintiff was not (as the Petitioners submitted) entitled to any part of the testator's real estates. That, under these circumstances, the Petitioners were advised that the inquiry and account aa to the real estate and rents ought not...

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4 cases
  • Toolukannaammah @ Mariayee and Others (as administrator for estate of Arumugam a/l Nagappan) v Perumal a/l Nagappan
    • Malaysia
    • High Court (Malaysia)
    • 1 January 2018
  • Davis v Angel
    • United Kingdom
    • High Court of Chancery
    • 7 July 1862
    ...(1 Bro. C. C. 55); Puge, v. Hayward (2 Salk. 570). Mr. Selwyn and Mr. T. C. Williams supported the Plaintiff's case, fiinvmontls v. Cock (29 Beav. 455). Mr. Cole and Mr. Clement Swanston, for the executors and trustees. There is a gift over in this case which makes all the difference. The g......
  • Murphy v Murphy
    • Ireland
    • High Court
    • 1 October 1964
    ...share of the income captured by the residuary clause as this matter has not been argued. (1) (1683) 3 Lev. 132. (2) 9 Cl. & F. 583. (3) 29 Beav. 455. (1) (1683) 3 Lev. (2) (1805) 1 Bos. and P. N. R. 313. (3) (1817) 5 Dow 202. (4) 9 Cl. & F. 583. (1) 5 App. Cas. 714. (2) [1936] 1 Ch. 259. (3......
  • Love v Love
    • Ireland
    • Court of Chancery (Ireland)
    • 9 June 1881
    ...C. LOVE and LOVE. Attwater v. AttwaterENR18 Beav. 330. Simmonds v. Cock29Beav. 455. Vize v. Stoney1 Dr. & W. 337. Atkins v. HiccocksENR1 Atk. 500. Attwater v. AttwaterENR18 Beav. 330. Will — Gift to one "on his attaining twenty-three" — Contingent gift — Indermediate rents and profits — Adm......

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