Tweedale v Tweedale
| Jurisdiction | England & Wales |
| Judgment Date | 30 January 1840 |
| Date | 30 January 1840 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 691
HIGH COURT OF CHANCERY
Overruled, Blewitt v. Roberts, 1841, 10 Sim. 491; 59 E. R. 706; Or. & Ph. 279; 41 E. R. 497.
Will. Construction. Cumulative Legacies. Annuity.
l SIM. 483. TWEEDALE V. TWEED ALE 691 [453] tweedale v. tweedale. Jan. 24, 30, 1840. [Overruled, Blewitt v. Roberts, 1841, 10 Sim. 491 ; 59 E. R. 706; Or. & Ph. 279; 41 E. R. 497.] Will. Construction. Cumulative Legacies. Annuity. Testator, by his will, bequeathed sums to his four sons absolutely, and other sums to his four daughters for their lives, with remainder to their children. One of his sons afterwards died ; and the testator thereupon made a codicil as follows: " In consequence of the death of my son, J. T., I have opened my will, and now wish to bequeath to my wife, 600 a year; to my three sons, 2000 each; to my four daughters, 300 a year each : and, at the death of my wife, the 600 a year to be equally divided amongst my four daughters. This memorandum will, I hope, be attended to in case of death before I make the legal alteration in my will." Held, that the gifts by the codicil were in addition to those by the will; and that the annual sums given by the codicil were perpetual, and not mere life annuities. James Tweedale, by his will, dated the 16th of November 1820, after directing all his just debts, funeral expenses, and the charges of proving his will to be fully paid by his executors thereinafter named, gave and bequeathed unto his wife, the Defendant Caroline Tweedale, the sum of 150 for her immediate occasions, and all the stock of provisions, wines and liquors that [454] should be in and about his house at Brighton at the time of his decease ; and he also gave and bequeathed to her and her assigns for life the use and occupation of his house with the appurtenances, and also of the household furniture, plate, linen, china and fixtures therein ; and from and after her decease^ he gave and bequeathed the house, furniture and effects to trustees, their executors, administrators and assigns, upon trust to be sold in such manner as they should think proper, and the produce to be by them retained and applied upon the trusts thereinafter declared concerning his residuary estate; and he gave and bequeathed to his wife and the trustees all the residue of his goods, chattels and personal estate, upon trust to sell and convert into ready money all such parts thereof as should not consist of money or securities for money, and to call in and collect such parts thereof as should consist of monies or securities for money, and to invest the same monies in the usual securities; and to stand possessed thereof upon the trusts following, that is to say, as to the sum of 8000 part thereof, upon trust to pay the interest thereof to his wife, for her life, and, after her decease, upon trust to stand possessed of the 8000 and the interest arising therefrom, in the manner thereinafter declared concerning the same : and, as to the sum of 2000, other part of the principal trust estate, upon trust to pay the interest thereof to his son James Charles Tweedale, or his assigns, until he should attain the age of 25 years, and then upon trust to pay the same to him or them, to and for his or their absolute use and benefit: and as to the sums of 3000 and 4000, and 4000, other parts of the principal trust estate, upon the same trusts for the benefit of his (the testator's) sons Farquharson Tweedale, the Plaintiff, William Hutton Tweedale, and Alexander Tweedale respectively, as [455] were thereinbefore declared respecting the legacy of 2000 for his son James Charles Tweedale. Provided that in case any or either of his sons should die under the age of 25 years leaving issue, then that the legacy of any or either of them so dying and leaving such issue should go to such his or their issue equally to be divided between them, if more than one, share and share alike, and if but one, to such only child, as and when they should severally attain the age of 21 years, such issue taking only the share to which their, his or her own deceased parent or parents was or were or otherwise would have been entitled to ; and the interest, dividends and annual produce thereof to be, in the meantime, applied for their, his or her education and maintenance respectively; but in case any or either of the testator's sons should die under the age...
To continue reading
Request your trial
-
Potter v Baker
...of so much of a fund as will produce it. Stokes v. Heron (12 Cl. & Fin. 161), Robinson v. Hunt (4 Beavan, 450), Tweedale v. Tweedale (10 Simons, 453), Yates v. Maddan (16 Simons, 613). In Stokes v. Heron (12 Cl. & Fin. 161), the testator directed whatever he died possessed of " should produ......
-
Hedges v Harpur
...(4 Beavan, 450). On the other hand, it was said, that the case of Blewitt v. Roberts (Cr. & Ph. 274), overruling Tweedale v. Tweedale (10 Simons, 453), had decided that the duration of such annuities was limited to the life of the annuitants. The case was argued by Mr. Kindersley and Mr. De......
-
Hill v Rattey alias Potts
...C., in Stokes v. Heron (12 01. & F. 192, 194). [He cited also, and commented upon Rawlings v. Jennings (13 Ves. 39), Tweedale v. Tweedale (10 Sim. 453), Tales v. Maddan (3 M'N. & G. 538, 540), Mansergh v. Campbell (3 De G. & J. 232), Potter v. Baker (13 Beav. 273; 15 Id. 489), and Kerr v. T......
-
Yates v Maddan
...Vice-Chancellor of England (10 Sim. 491), and overruling also, as they submitted, another decision of His Honour in Tweedale v. Tweedale (10 Sim. 453). They referred to, and distinguished from the present, [536] the cases of Stokes v. Heron (12 Cl. & Fin. 161), and Robinson v. Hunt (4 Beav.......