Stanley v Potter
| Jurisdiction | England & Wales |
| Judgment Date | 16 July 1789 |
| Date | 16 July 1789 |
| Court | High Court of Chancery |
English Reports Citation: 30 E.R. 83
Lord Chancellor.
See Barker v. Rayner, 1820, 5 Madd. 217; In re Bridle, 1879, 4 C. P. D. 342; In re Vickers, Vickers v. Mellor, [1899] W. N. 242.
[180] stanley versus potter. In Lincoln's Inn Hall, July 16, 1789. Lord Chancellor. [See Barker v. Rayner, 1820, 5 Madd. 217 ; In re Bridle, 1879, 4 C. P. D. 342 ; In re Vickers, Vickers v. Mellor, [1899] W. N. 242.] A bequest of a debt is adeemed by the debt being paid to the testator in his life time, whether the payment be compulsory or voluntary, or whether the sum be expressed in the bequest or the debt bequeathed generally. Edward Stanley,' by his will of the 29th day of Oct. 1777, reciting that some time in or about the month of Jan. 1772, he the said testator had advanced and lent unto James Campbell, of Craignash, in Scotland, the principal sum of 2000 sterling, and for securing the repayment thereof, with interest at 5 per cent, per ann. or an annual rent of 100 sterling, with liquidate penalty, expences of enfeoffment, and termly failzies, the said James Campbell did duly execute to him the said testator his the said James Campbell's certain heritable bond, bearing date the 27th day of January 1772, and thereby and by a ratification thereof by Mrs. Ann Campbell,, wife of the said James Campbell, bearing date the 12th day of February 1772, and instrument of sasine taken upon the said heretable bond, dated the 27th day of January 1772, divers lands, islands, and other hereditaments and premises were and stood charged with the due payment of the said principal sum of 2000 and interest, or annual rent of 100 for the same in manner therein mentioned, he the said testator gave and devised that all the said annual rent of 100 sterling, or such annual rent, less or more, as by the law for the time being should correspond to the said principal sum of 2000 to be taken as aforementioned, and all the said Jands and premises for and in real security, and more sure payment of the said 2000 sterling, &c., and all his estate, right, title, and interest therein to the several uses, and upon and for the several trusts, intents, and purposes therein after mentioned (that is to say), to the use and behoof of John Latham and Thomas Potter, their executors, administrators and assigns, for and during the term of 99 years, in case his the said testator's daughter Anne Stanley should so long live, upon the trusts, and to and for the intents and purposes therein after...
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