Stephenson v Dowson
| Jurisdiction | England & Wales |
| Judgment Date | 13 December 1840 |
| Date | 13 December 1840 |
| Court | High Court of Chancery |
English Reports Citation: 49 E.R. 135
ROLLS COURT
S. C. 10 L. J. Ch. 93; 4 Jur. 1152.
[342] stephenson v. dowson. Dec. 1, 8, 13, 1840. [S. C. 10 L. J. Ch. 93 ; 4 Jur. 1152.] A testator bequeathed to A. B. all his ships and money due to him at the time of his decease : Held, that freight, earned by a ship under a charter-party executed after the date of the will and in respect of a voyage not completed until after the testator's death, did not pass to A B. either as " money due," or as incident to the ship. Testator bequeathed the dividends, &c., of all stocks he should be entitled to at the time of his decease, in the public funds. He had 10,000 consols at his death, Held, that this was a specific bequest of that sum. Two questions arose in this cause, which were discussed upon exceptions to the report of the Master ; first, whether the freight passed to the legatee of a ship ; and, secondly, whether upon the terms of the will, a sum of consols was a specific or general bequest. The testator being the owner, amongst others, of a ship called the "Borodino," by his will dated the 29th of March 1822, directed all his just debts, funeral, and testamentary expenses to be, in the first place, fully paid and satisfied by his executors thereinafter named, as soon after his decease as conveniently might be : and he bequeathed to his son John Row, "all his ships and shares of ships and money which at the time of his decease should be due and owing to him from Govern-[343]-ment, or from any person or persons whomsoever, to and for his own use and benefit absolutely ; and he gave and bequeathed unto his said son John Row, for and during his life, the use and wearing of all his household furniture and plate ; and he also gave and bequeathed to his said son John Row and his assigns, for and during his life, for his and their use and benefit, all the dividends, interest, and annual proceeds which should accrue due and become payable after hia decease, for and in respect of all such stock and property as he should have or be entitled to at the time of his deceased, in the Government or public, funds or securities; and he devised unto and to the use of his said son John Row and his assigns for his life, all his real estate, and after the decease of his said son, he devised and bequeathed his real estate and his furniture, plate, and stock and property in the Government or public funds or securities upon certain trusts, for the benefit of the children of his said son. But in case his said son should die without having issue, then the testator devised and bequeathed his said real and personal estate upon certain trusts for the benefit of the Plaintiff. The will contained no bequest of the residue of the testator's estate. John Row and the Defendant Dowson were the executors of his will. After this, and on the 29th of July 1822, the testator executed a charter-party of the ship the "Borodino," to Messrs. Sheddon in consideration of certain...
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