Simpson v Vickers
| Jurisdiction | England & Wales |
| Judgment Date | 11 August 1807 |
| Date | 11 August 1807 |
| Court | High Court of Chancery |
English Reports Citation: 33 E.R. 552
HIGH COURT OF CHANCERY
simpson v. vickers. Rolls. March 16th, Aug. llth, 1807. Conditional limitation over, if the first devisee should refuse or neglect to comply with the condition, viz. within six months after the testatrix's death to release all demands upon her as executrix of A. or otherwise, established : the failure arising from the act of the first devisee, as heir at Law, contesting the Will ; and the Union of the character of executrix with that of devisee over is no objection. John Simpson by his Will, dated the 8th of March 1792, bequeathed to his brother Michael Simpson the sum of 1000 to be paid to him within six calendar months after the testator's decease upon his then executing to the testator's executrix a release of all claims and demands : provided, that in case of his said brother's refusing or declining to execute such release, then and in such case the testator revoked the bequest of the said sum of 1000 so made to him as aforesaid. The testator appointed his sister Elizabeth Simpson sole executrix. The testator died on the 10th of March 1792. Elisabeth Simpson by her Will, dated the 31st of October 1793, devised all her freehold and copyhold estates at Hemingborough to her brother and heir at law, Michael Simpson, his heirs and assigns for ever; upon this express condition nevertheless; that her said brother do within six calendar months next after her decease at his own expence make, execute, or deliver, or tender, to her executor, a good and valid release, receipt, or discharge, for the legacy of 1000 bequeathed to him by [342] the Will of her brother John Simpson, and also of all other claims and demands whatsoever upon the estate of John Simpson or upon her estate on account of her executorship or otherwise ; declaring her will and intention, that the said devised premises at Hemingborough shall be accepted and taken by her brother Michael, in full satisfaction and discharge of the said legacy, and of all other such claims and demands, as aforesaid : but, if her said brother Michael shall refuse or neglect to comply with the said condition, she declared her Will and intention to be, that at the expiration of the said six calendar months after her decease the said devise to him shall become void ; and she did in that case from and after the expiration of the said six calendar months give and devise all her said freehold and copyhold estates at Hemingborough unto Sarah Milner, her heirs and assigns for ever ; appointing her sole executrix. The testatrix died on the 2d of December 1794. Michael Simpson contested the validity of her Will in the Prerogative Court, and afterwards by Appeal to the Delegates : but probate was on the 15th of...
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An v Barclays Private Bank & Trust (Cayman) Ltd
...1312, considered. (34) Sifton v. Sifton, [1938] A.C. 656; [1938] 3 All E.R. 435, considered. (35) Simpson v. Vickers(1807), 14 Ves. 341; 33 E.R. 552, followed. (36) Tuck”s Settlement Trusts, In re, [1978] Ch. 49; [1978] 1 All E.R. 1047, dicta of Denning, M.R. considered. (37) Whiting”s Sett......