Townshend v Mostyn
| Jurisdiction | England & Wales |
| Judgment Date | 22 July 1858 |
| Date | 22 July 1858 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 823
ROLLS COURT
[72] townshend v. mostyn. July 20, 22, 1858. A testator gave a legacy of .£7000 to his wife and other similar legacies. By a codicil, he gave a legacy of £6000 to his wife and other legacies, and he directed that so far as the codicil was in addition to any testamentary document he had already made, he wished it to take effect, and not cancel or revoke any prior document which might exist. Held, that the legacies were cumulative. An estate was subject to mortgages of £7000 created by the testator, and of £13,000 created by his ancestor; but the testator had consolidated them into one mortgage for £30,000, which he had covenanted to pay. The testator directed his debts to be paid out of his personal estate, but if insufficient, he charged them on his real estate. He devised his real estates " subject nevertheless to the mortgages affecting the same." The testator died in 1840. Held, that the devisee of the estate did 824 TOWNSHEND V. MOSTYN 26BEA.V.73. not take cum (mere, but was entitled to have the whole mortgage debt paid out of the testator's personal estate. The testator Henry Meredith Moatyn, by his will elated the 24th of March 1834, directed his debts, funeral and testamentary expenses to be paid out of his personal estate; but in case it should prove insufficient for that purpose, he directed that the same should be a charge on his real estate. He then gave to his wife Susanna Mostyn all hia household goods, &c., &c. He then gave and devised all his real estate in the counties of Denbigh and Merioneth (subject nevertheless to the mortgages affecting the same) unto his wife for life, in case she should continue his widow and unmarried, and from and after her decease or marriage, then to his brother Thomas Arthur Bertie Mostyn for life, with remainder to his first and other sons in tail. And after reciting that he had acquired a vested interest in divers sums of money, which would not become payable until after the decease of his mother, the testator gave and bequeathed the following sums out of the same to the persons hereinafter mentioned (that is to say), to his wife Susanna Mostyn, the sum of £7000, to his brother-in-law Charles Townahend, the sum of £1000, to his sister-in-law Anne Townshend, the sum of £1000, and to his brother-in-law John Townshend, George Townshend, Henry Dive Townshend, the Reverend Bennett Vere Townshend, and to his sister-in-law Dorothea...
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