Sparks v Restal
| Jurisdiction | England & Wales |
| Judgment Date | 24 February 1857 |
| Date | 24 February 1857 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 341
ROLLS COURT
[218] sparks v. bestal. Feb. 24, 1857. Bequeat to A. lor life, and after her death, to B. and C. " or " their children. B. and C. survived A. Held, that their children took nothing. Bequest to A. for life, and in case he should die without child or children, then to B. Held, that tie children took nothing by implication. The testator bequeathed to his daughter, Ann Sparks, an annuity of 20 during her natural life, and from and after her decease he gave " the said annuity or the value unto Ann Sparks (the daughter) and Matthias Sparks, or their child or children, lawfully begotten, share and share alike." Ann Sparks, the daughter, and Matthias Sparks, survived Ann Sparks, the tenant for life; and the first question was, whether their children took any interest in the annuity. The testator also bequeathed to his son, William Eestal, an annuity of 25 a year during his natural life, " and in ease his said son William should die without child or children, lawfully begotten, and from and after his decease," that being the case, he gave "the said annuity or value unto Ann and Matthias Sparks, and their child or children, lawfully begotten, share and share alike." 342 be brealy's settled estates 24 beav. 219. [219] The second question was, whether the children, if any, of William Restal took any interest in the annuity of 25. Mr. R. Palmer and Mr. G. Hastings, for the Plaintiff. The first gift to Ann Sparks, the daughter, and...
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