Sims v Doughty
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 18 February 1800 |
| Date | 18 February 1800 |
English Reports Citation: 31 E.R. 567
HIGH COURT OF CHANCERY
See Sheratt v. Bentley, 1834, 2 My. & K. 164.
sims v. doughty. Bolls. July 24th, 1799; Feb. 18th, 1800a [See Sheratt v. Bentley, 1834, 2 My. & K. 164.] The rule of construction of wills is, that, if the general intention can be collected, or any one particular object, expressions militating with that may be rejected, if plainly appearing to have been inserted by mistake : not otherwise; and, if two parts of the will are totally irreconcileable, the latter over-rules the former. Retainer allowed to one executor out of a legacy to his co-executor in respect of a devastavit. Peregrine Sims made a very incorrect will, with several alterations and inter lineations. The passages in the following delineation of it inclosed in a parenthesis were interlined, and those between brackets were drawn through with a pen, in the original will. The observations in the margin also stand, as they appear in the original. ò. l;3 The testator gave to each of his daughters Mary and Elizabeth Sims one [thousand] (hundred) pounds 3 per cent. Consolidated Bank Annuities for their own use and benefit. Then reciting, that his brother was bound to invest £1000 3 per cent. Consolidated Bank Annuities at three months after his decease,he directed, that the same should be for the equal benefit of his said daughters Mary and Eliza beth Sims, and. should be transferred and paid to them accordingly, with all the 568 SIMS V. DOUGHTY . 5 VES. JTTN. 244. interest and dividends duo thereon. Then [244] reciting a debt of £600 from the testator's niece Elizabeth Sims, ho gave his said daughters Mary and Elisabeth Sims the interest, that should accrue and become payable from time to time after his decease upon the said. £000. The will then proceeded thus " And whereas my son-in-law James Renat Sims is indebted, to me in three " hundred pounds upon his bond and in the further sum of three hundred pounds " on the security of the lease of his own dwelling-house in Pudding-Lane, London " (which sums making together [six hundred pounds] 1 give equally to my daughters " Mary and Elizabeth) and in two hundred pounds upon Ids note or notes of hand " making together eight hundred pounds [now I do hereby release and discharge " the said James Renat Sims of and from the three hundred pounds secured by the " lease of his house as aforesaid, arid do order and direct that he may not bo called " upon, by my executors for payment of the (eight) remaining five] hundred pounds " before the expiration of three years next after my decease, unless he should choose " to pay the same before, so that the interest thereof in...
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Judi Barbara Bonham v Carole Stringer
...(1801) 6 Ves 100, 102, by Sir William Grant MR: “1 know no rule I can adopt more safely than that which 1 did adopt in ( Sims v. Doughty 5 Ves. 243. See the note, 247), and upon which 1 have always acted, viz. to give effect to every word of the will; provided an effect can be given to it n......
- Tan Saw Gan deceased, Re; Yeo Choon Hooi v Yeo Siew Gnoh and Others
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Judi Barbara Bonham & Anor v Carole Stringer & Ors
...Judgment Bonham v Stringer, PT-2024-BRS-000042 “1 know no rule I can adopt more safely than that which 1 did adopt in Sims v. Doughty (5 Ves. 243. See the note, 247), and upon which 1 have always viz. to give effect to every word of the will; provided an effect can be given to it not incons......
