Turner against Turner
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1784 |
| Date | 01 January 1784 |
| Court | High Court of Chancery |
English Reports Citation: 27 E.R. 497
HIGH COURT OF CHANCERY
See In re Rivett-Carnac's Will, 1885, 30 Ch. D. 141.
Case 371.-turner against turner. ^' [See In re Bivett-Carnac's Will, 1885, 30 Ch. D. 141.] [Testator by will gave an annuity, out of personal estate, to wife for life, then to be improved to create marriage portions, for daughters, and after marriage of the daughters, then to remain to the eldest son of testator, and on his demise to the heirs male of his body, and, in case of his having no issue male, then to the next eldest son, and the heirs male of his body, and the residue of the testator's estate to be equally divided amongst his children,-by decree in Chancery, in lifetime of wife, a certain sum of stock was set apart to answer the annuity; the daughters' portions were all provided for, and the eldest and two next sons died, in life of the wife, without issue. Held, 1st. That the executors of the eldest and two other sons were not entitled to the stock. 2d. That the fourth son who was living was not entitled. 3d. That it sunk into the residue of testator's estate, and was to be divided amongst the children accordingly.]-[Lib. Eeg. 1783, B. fo. 105. S. C. 1 Bro. C. C. 316.] Before Lords Commissioners, Lord Loughborough, Ashhurst, J., and Hotham, B. Nov. 1783. Nathaniel Turner, by will of 7th January 1734, gave and bequeathed, after payment of his debts, funeral charges, and legacies, unto his wife Elisabeth Turner £300 a-year 498 TURNER V. TURNER " AMB. 777. during her life, to be paid annually by his executors, and directed that on her death the said £300 should be kept and improved by his executors, to make a sum to be given as a fortune to his first daughter that should marry after his [777] wife's death with the consent of his executors; and after one of his daughters was so married, he willed that the said £300 a-year should be kept and improved by his executors, to make a fortune for the rest of his daughters' marriage, one after another; and that after all his said daughters are married, he willed and ordered, that the said £300 a-year he bequeathed to his wife Elizabeth should be given and remain to his eldest son, Nathaniel Richard Turner, and on his demise to the heirs male of his body; and in case of his having no issue male, then to remain to his next eldest son, and the heirs male of his body : and gave the residue of his real and personal estate among his children equally ; and payable to his sons at twenty-one, and to his daughters at twenty-one or marriage; and appointed the plaintiff and two other persons executors. He died soon after, leaving ten children, viz. five sons, named Nathaniel Richard Turner, Richard Farmer Turner, John Worthington Turner, William Turner, and Charles Turner, and five daughters. Soon after his death, Sarah one of the daughters died, and the mother took out administration to her : soon after a bill was brought in Chancery, in the name of the nine surviving children against the mother as administratrix of Sarah, and against the executors, for an account of the personal estate, and distribution of the residue according to the will. Decree was obtained for that purpose on the 2d April 1736, which directed the executors to pay the widow...
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