Spong, - Appellant; Spong and Others, - Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1829 |
| Date | 01 January 1829 |
| Court | Exchequer |
English Reports Citation: 6 E.R. 562
FROM THE COURT OF EXCHEQUER, ENGLAND.
Mews,' Dig. XV. 1259, 1659, 1660; and S. C. 3 Bli. N.S. 84; and, in Ex., 1 Y. and J. 300. Approved of in Conron v. Conron, 1858, 7 H. L. C. 168. Distinguished in Cornwall v. Saurin, 1886,1.7 L.R. Ir. 595; and see Robertson v. Broadbent, 1883. 8 A. C. 812; Bank of Ireland V. M'Carthy (1898) A. C. 181.
[365] APPEAL from the court op exchequer, england. SPONG,-Appellant; SPONG and Others,-Respondents. [Mews,' Dig. xv. 1259, 1659, 1660 ; and S. C. 3 Bli. N.S. 84 ; and, in Ex., 1 T. and J. 300. Approved of in Conron v. Conron, 1858, 7 H. L. C. 168. Distinguished in Cornwall v. 8aawwi, 1886,1.7 L.R. Ir. 595 ; and see Robert-son v. Broudbent, 1883, 8 A. C. 812; Bank of Ireland v. M'Carthy (1898) A. C. 181.] J. S. devises to his son T. S. certain real estates specifically, and charged with certain specific burdens, and bequea,ths certain pecuniary legacies, and made his real and personal estates liable to the payment of the legacies, and made T. S. his residuary devisee and legatee, and sole executor. Held by the Lords, reversing a decree of the L. Ch. B. of the Exchequer, that the real estates specifically devised to T. S. were not liable to contribute to the payment of the pecuniary legacies. The material question in this case was whether the pecuniary legacies given by the late Mr. John Spong, of Aylesford, in Kent, and charged upon his estates real and personal, were, according to the true construction of the will, a charge upon certain real estates specifically devised to his son Thomas, who was also the residuary devisee and legatee, and sole executor. The testator, John Spong the elder, was, at the times of making his will and of his death, seised in fee simple of divers real estates, situated in the counties of Kent and Middlesex, and elsewhere, of very considerable value, and was also, at the time of his death, possessed of personal estate and effects to a very considerable amount. 562 SPONG V. SPONG [1829] I DOW & CLAEK. By his will, which is dated the 20th day of Aug. 1814, and is executed so as to pass freehold estates, he gave and devised to. his wife, Rosamond, the possession of the dwelling-house in which she then resided, and also [366] of the cottage adjoining, free of all rent, so long as she should continue his widow, sole and unmarried; and also bequeathed to her all his furniture and wines, and moveables of every description, not consisting of money or securities for money, in and about his said dwelling-house and cottage, outbuildings, garden and premises, for her natural life, she continuing sole and unmarried; and after her decease, or her marrying again, he gave, devised and bequeathed the said dwelling-house, cottage, furniture and wines, which should not be previously used by her, together with the other articles specifically bequeathed to her as above, unto and to the use of his son, the appellant, his heirs, executors, administrators and assigns, for ever. He also1 gave and bequeathed to his wife and her assigns, for the term of her natural life, a yearly rent-charge of £400 to be chargeable and charged on, and issuing and payable out of the lands thereinafter mentioned; (that is to say), the yearly sum of £300, part thereof, to be chargeable and charged on, and issuing and payable out of the lands by that his will thereafter given and devised unto his said son, the appellant; and the yearly sum of £100, the remaining part of the said yearly rentcharge of £400, to be chargeable and charged on, and issuing and payable out of his the testator's mill and premises at Snodland, thereinafter by that his will given and devised unto his son William Spong; and he directed the several provisions made for his wife by that his will should be in full satisfaction of all dower; and after directing a bond executed by his son John Spong, for £1000, to be given up to be cancelled, and releasing all other debts due to him by his son John Spong, not included in the open account current then subsisting between them, and after also giving and bequeathing to his executor [367] (the appellant) a sum of £4000 to be by him invested in his name in the funds, upon trust to pay the dividends to the respondent Letitia, the wife of the said respondent John Spong, for her sole and separate use during her life, and after her decease to her husband, the respondent John Spong, for life, so long as he should not nliep the same; and from and after the decease of Letitia Spong, and John Spong her husband, then he gave and bequeathed the said principal sum of £4000 upon trust, for the benefit of their children in the manner therein particularly mentioned, and in default of children to sink into the residuum of the testator's personal estate;- he devised certain freehold and leasehold estates to his son Thomas Spong (the appellant) in the following words: " I give and devise unto my son Thomas Spong, his heirs and assigns, all and every my freehold and leasehold estates at Millhall, East Mailing, Aylesford, Burham and Ditton and Sandgate, in the county of Kent, and Acton in the county of Middlesex," (then follows a particular description of the estates,) " together with the appurtenances ; to hold the said estates and premises by this my will devised to my son Thomas Spong, unto and to the use of my said son Thomas Spong, his heirs and assigns for ever, subject to the annual payment of £300 to my said wife during her life, part of the said yearly sum of £400 by this my will given to her, and the annuity or yearly sum of...
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