Thomas Spong, - Appellant; John Spong, and Others, - Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1829 |
| Date | 01 January 1829 |
| Court | Exchequer |
English Reports Citation: 4 E.R. 1271
COURT OF EXCHEQUER.
Mews' Dig. xv. 1259, 1659, 1660. S.C. 1 Dow and Cl. 365; and, in Ex., 1 Y. and J. 300. Approved of in Conron v. Cannon, 1858, 7 H.L.C. 168. Distinguished in Cornwall v. Saurin, 1886, 17 L. R. Ir. 595; and see Robertson v. Broadbent, 1883, 8 A.C. 812; Bank of Ireland v. M'Carthy [1898], A.C. 181.
SPONG V. SPONG [1829] III BLIGH N.S. [84] ENGLAND. (court op exchequer.) THOMAS SPONG,-Appellant; JOHN SPONG, and others,-Respondents, [Mews' Dig. xv. 1259, 1659, 1660. S.C. 1 Dow and Cl. 365; and, in Ex., 1 Y. and J. 300. Approved of in Conron v. Cannon, 1858, 7 H.L.C. 168. Distinguished in Cornwall v. Sawrin, 1886, 17 L. R. Ir. 595; and see Robertson v. Broadbent, 1883, 8 A.C. 812 ; Bank of Ireland v. U'Carthy [1898], A.C. 181.] J. S., by a will properly executed, gave a sum of £4000 to be laid out in Government or real securities, in trust for L. the wife of S., for her separate use for her life; remainder to J. for his li !'e; remainder to the children of L. by S. He then devised certain lands and tenements specified to various persons named in the will, and after bequeathing several pecuniary legacies, he concluded thus: " And I do hereby expressly charge and make liable my real and personal estate to and with the payments of the aforesaid several legacies." Held, reversing the decree of the Court below, that the lands specifically devised, were not liable to the payment of the legacies on a deficiency of the personal estate. John Spong, by his will, dated the 20th of August, 1814, bequeathed and devised as follows : I give and bequeath unto my dear wife, Rosamond Spong, the sum of £200 of lawful money of Great Britain, and direct the same to be paid into her hands immediately after my decease; also, I give and devise unto my said wife the possession of the dwelling house in which I now reside, and also the cottage adjoining, now in the occupation of Andrew Kemsley, with the outbuildings, garden, and appurtenances thereunto belonging, free from all rent, except [85] government and parochial taxes, so long as she continues my widow, sole and unmarried; also, I give and bequeath unto my said wife, all my furniture and wines, and moveables of every description, not consisting of money or securities for money, in and about my said dwelling house and cottage, outbuildings, garden and premises, for and during her natural life, she continuing my widow, sole and unmarried. And after the decease of my said wife, or her marrying again, which shall first happen, I give, devise and bequeath my said dwelling house, cottage,.outbuildings, garden and premises, and my said furniture, and all wines which shall not be previously used by my said wife, together with my moveables of every description, not consisting of money or securities for money, in and about the said premises, unto' and to the use of my son Thomas Spong, his heirs, executors, administrators and assign's, for ever. Also, I give and bequeath unto my said wife and her assigns, for and during the term of her natural life, one annuity or yearly rent-charge or sum of £400 of lawful money of Great Britain, free and clear of and from all taxes and deductions, whether parliamentary or otherwise (except property tax), the said annuity to be chargeable and charged on, and issuing and payable out of the lands hereinafter mentioned, (that is to say) the yearly sum of £300 part thereof, to be chargeable and charged on and issuing and payable o ut of the lands by this my will hereinafter given and devised unto my said son Thomas Spong, now living at Mill-hall; and the yearly sum of £100, [86] the remaining part of the said yearly rentrcharge of £400, to be chargeable and charged on and issuing and payable out of my mill and premises at Snodland, hereinafter by this my will given and devised unto my son William Spong, etc. And I order and direct that the several provisions made: for my wife by this my will, shall be by her accepted and taken in lieu and stead and in, full satisfaction of all dower and thirds, free bench and customary right, which she as my said wife could claim to be entitled of, in, to or out of all or any part of my estates, etc. Also, I give and bequeath to my executor hereinafter named, the legacy or sum of £4000 of like lawful money current in Great Britain and Ireland, to be by him laid out and invested in his name, in the public stocks or funds, or upon government or real securities ; and the stocks, funds and securities: in or upon which the said sum 1271 Ill BLIGH N.S. SPONG V. SPONG [1829] of £4000 shall be laid out and invested, I direct shall and may be from time to time altered, varied and disposed of, and the monies arising therefrom again laid out and invested in or upon new or other stocks, funds and securities, and so often as to1 him my said executor shall seem meet; upon trust, that he my said executor do and shall pay the dividends and interest thereof from time to time when and as the same shall accrue due and payable for and during the natural life of Letitia, the wife of John Spong, late of the Borough of Southwark, hop factor, during such time only as she remains a widow and unmarried, in such manner as she the said Letitia the wife of the said John Spong, notwithstanding her coverture, [87] shall by any note or writing direct or appoint, or into her o wn proper hands for her own separate and peculiar use and benefit, so as not to be subject to the debts or control of her husband the said John Spong; and in like manner in all respects as the said annuity or yearly rent-charge of £100 is hereinafter made payable to my daughter Rosamond, and only upon the receipt or receipts of the said Letitia Spong, or her appointee or appointees, which alone shall be a good and sufficient release and discharge, releases and discharges, to my said executor for so much of thei dividends, interest and produce of the stocks, funds and securities in or upon which the said sum of £4000 shall be invested and laid out, as shall be therein expressed to be received. And from and immediately after the decease of the said Letitia Spong, I give and bequeath the interest and dividends of the said sum of £4000 unto my executor hereinafter named, upon trust that he do and shall from time to time well and truly pay or cause to be paid the said interest and dividends into the proper hands o ' the said John Spong, for and during the term of his natural life; and it is my express will and meaning, that the same shall continue and be paid and payable to the said John Spong during so many years only of his life, as he the said John Spong shall not alien, sell, or assign the same, or attempt to alien, sell or assign the same, to any person or persons whatsoever: but if the said John Spong shall sell or assign the same, then and in such case the said bequest and the trusts hereby created and declared of and con-[88]-cerning the same shall cease, determine, and be utterly void, and the same shall go to and be paid and payable to the said John Spong's children by the said Letitia his wife as hereinafter mentioned; and it is my express mind, will and meaning, that the receipt of the said John Spong shall alone be a sufficient discharge 'to my said executor. And from and immediately after the decease of the said Letitia Spong and the said John Spong her husband, then I give and bequeath the said principal sum of £4000 upon trust that he my said executor do and shall pay and apply the said principal sum of £4000 for the benefit of all and every the child or children of the said Letitia Spong by the said John Spong her husband, to be equally divided, etc. Provided always, that in case all the said children shall happen to die before any of them attain the age of twenty-one years, and without leaving lawful issue as aforesaid, then upon trust that the principal sum of £4000 shall sink into and be deemed and taken as part of the residuum of my personal estate. Also I give and devise unto my son Thomas Spong, his heirs and assigns, all and every my freehold and leasehold estates, situate at Mill-hall, East Mailing, Aylesford, Burham, Ditton, and Sandgate, in the said County of Kent, and Acton in the County of Middlesex, comprising the estate called the Dunkin Estate, together with the mansion-house, thereunto belonging; and also those three dwelling houses in the occupation of John Smitherman, John French, and John Jarratt, together with the barn, called Ashbarn, lodges and yard; and also all those [89] four other dwelling houses in the occupation of E Oakley, etc.; and also all those two acres and a half of land planted with apples and cherries, leading from Mill-hall to the London turnpike road; and also a field, called Old Hithe Field, containing about one acre and a half; and also certain lands at New Hythe, called Simmons, together with the dwelling houses, etc.; and also all those two houses next adjoining, late in the occupation of, etc. with th.e...
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