Thompson v Whitelock
| Jurisdiction | England & Wales |
| Judgment Date | 04 July 1859 |
| Date | 04 July 1859 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 190
BEFORE THE LORDS JUSTICES.
S. C. 28 L. J. Ch. 793; 5 Jur. (N. S.), 991; 7 W. R. 625.
[490] thompson v. whitelock. Before the Lords Justices. June 13, 15, July 4, 1859. [S. C. 28 L. J. Ch. 793; 5 Jur. (N. S.), 991; 7 W. R. 625.] A testator gave to each of his brothers and sisters named in his will " or to their legal representatives" 500, to be paid them in two years after his death. He then gave legacies to several nephews and nieces by name. The whole amount of 4DE 3. *J. IM. THOMPSON V. WHITELOCK 191 the above legacies was .6100. He gave the residue to his wife "except 4100, of which ihe is Only to have the use during her natural life, and which I wish to be divided amongst my relations, to whom I have left legacies in the fore part of this instrument, in proportion to the legacies left above, which will just make their legacies double the first bequest." On inspecting the original will, which was a holograph, 4100 seemed to have been substituted for 5100. Held, that the intention to double the original legacies was not sufficiently clear to justify the Court in holding that 4100 was written by mistake for 6100. Held also, that the words "or to their legal representatives," did not amount to a subatitutionary gift of the share of a sister who died in the testator's lifetime in the 4100. Held also, that the 4100 was not so taken out of the residue as to prevent the shares of it which lapsed from going to the residuary legatee. This case came before the Court on two appeals by the Plaintiff from decisions of Vice-Chancellor Stuart. Miles Whitelock, the testator in the cause, made his will dated 4th March 1815, in the following words :-" Know all men by these presents that I, Miles Whitelock, being in good health and in sound mind, have determined upon making my last will and testament, and I do will and devise the whole of my property as hereafter stated. In the first place, I leave to each of my three brothers and six sisters, that is to say, to my brothers William, John and Edward, and my sisters: Mary, wife of Joseph. Thompson, now of Shelton in the parish of Shelton and county of Cumberland ; my sister Isabella, wife of William Thompson, of Redman in the aforesaid county; my sister Margaret, wife of Miles Swinburn, of Shelton, aforesaid; my sister Sarah, widow of John Lancaster, of Shelton, aforesaid, and my sisters Eebecca and Ann, both spinsters, living with my father at Shelton aforesaid (that is to say), I leave and bequeath to each of the above-named brothers and sisters [or to their legal representatives],. the sum of five hundred pounds, to [491] be paid them in two years after the time of! my death. I also leave to my nephew William Thompson, son of William Thompson; and my sister Isabella, the sum of five hundred pounds; and I leave to my nephew Edward Whitelock, son of my brother Edward Whitelock, the sum of five hundred pounda; and I likewise leave to my two nephews Lancaster, sons of my sister widowi of John Lancaster (the Christian names of which nephews I have forgot), the sum of: three hundred pounds each. I also leave to my father and mother William and| Rebecca Whiteloek, of Shelton aforesaid, an annuity of one hundred pounds per: annum, to be paid them quarterly, and to commence in twelve months after my! decease; and the whole of the remainder of my property I leave to my dearly beloved' wife, Sarah, for her to have the sole disposal of it, except four thousand [one hundred] pounds, of which she is only to have the use during her natural life, and which I wish to be divided amongst my relations, to whom I have left legacies in the fore part of this instrument, in proportion to the legacies left above, which will just make their legacy double the first bequest. [Then followed gifts of various legacies which need not be stated.] In witness of this my intention for the above manner of disposing of my property 1 hare hereto signed my name this 4th day of March 1815.-miles whitelock." "I likewise bear witness that the interlineations of 'or to their legal representatives,' as well as 'one hundred,' which appear in this document, were both inserted by myself.-M. W." The testator died shortly after the date of his will. His sister Mary Thompson and his nephew William Thompson died in his lifetime, the rest of his legatees [492] survived him. Letters of administration with the will annexed were granted to the testator's widow. The Plaintiff was the personal representative of Isabella Thompson, who died in 1845, and in 1856 he filed his bill to have the legacy in which the widow had a life interest aet apart and invested. On 17th July 1857, the Vice-Chancellor made a decree declaring that the widow was entitled to the whole clear residue of the testator's estate, except the pecuniary legacies mentioned in the will and 4100, and ordering her to pay 4100 into Court. Directions weie given...
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