Webb v Wools
| Jurisdiction | England & Wales |
| Judgment Date | 26 April 1852 |
| Date | 26 April 1852 |
| Court | High Court of Chancery |
English Reports Citation: 61 E.R. 343
HIGH COURT OF CHANCERY
S. C. 21 L. J. Ch. 625, See Curnick y. Tucker, 1874, L. R. 17 Eq. 322; Le Marchant v. Le Marchant, 1874, L. R. 18 Eq. 416.
Will. Construction. Trust. Precatory Words.
[267] webb'.. wools. March 27, April 26, 1852. [S. C. 21 L. J. Ch. 625, See Curniek y. Tucker, 1874, L. R. 17 Eq. 322; Le Mai-chant v. Le Merchant, 1874, L. E. 18 Eq. 416.] Will. Construction. Trust. Precatory Words. Testator by his will gave "airmy property of whatever description, whether in possession, reversion, remainder, or expectancy, or which I may be possessed of at the time of my death, and I give and bequeath the same and every part thereof unto my dear wife Jane, her executors, administrators and assigns, to and for her and their own use and benefit, upon the fullest trust and confidence reposed in her that she shall dispose of the same to and for the joint benefit of herself and my children." The Court gave an opinion that there was no trust created for the children; but, declining to make a positive declaration to that effect, held, that it would be right to order the residuary personal estate to be transferred and paid to the widow, and decreed'accordingly. This was a suit for the administration of the will of Richard Webb, who by his will appointed his widow and Edward Wools his executrix and executor; the Plaintiff was the widow; the Defendants were Wools, the executor, and the children of the testator. On the cause coming on for further directions, the principal question turned on the construction of the will, the material parts of which are stated in the judgment. Mr. Shapter, for the Plaintiff. Mr. Murray, for the children. Mr. Beavan, for the executor Wools. The following cases were cited:-Crockett v. Crockett (1 Hare, 452; 5 Hare, 326, and 2 Phill. 553), Raikes v. Wood (1 Hare, 445), Woods v. Woods (1 Myl. & Cr. 401). the vice-chancellor [Sir E. T, Kindersley]. This is a case of a gift to a parent with words'in the will which raise a question whether there is a trust for the children or family of the parent. In the present case the words of the will are short; they are as follow :-" This is the last will and testament of me, Eichard Webb, of Langley March, Bucks, miller; all my property of whatsoever 'description, whether in possession, [268] reversion, remainder, or expectancy, or which I may be possessed of at the time of my death, I give and bequeath the same and every part thereof unto my dear wife Jane, her executors, administrators, and assigns, to and for her and their own use and benefit." If the will stopped there, there could be no question: the will expressly declares that the parties to benefit are the wife, her executors, administrators and assigns. There is a gift to her of the whole legal interest, and of the whole beneficial interest; if she was...
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