Weigall v Brome
| Jurisdiction | England & Wales |
| Judgment Date | 18 April 1833 |
| Date | 18 April 1833 |
| Court | High Court of Chancery |
English Reports Citation: 58 E.R. 532
HIGH COURT OF CHANCERY
Will. Construction. Leaseholds for Lives.
530 GARDNER V. HATTON 6 SIM. 93. [93] gardner v. hatton. ^wzZ 2, 1833. [See Oliver v. Oliver, 1871, L. R. 11 Eq. 511 ; In re Robe, 1889, 61 L. T. 499.] Specific Legacy. Ademption. Testator bequeathed £7000 secured on mortgage of an estate at \V. belonging to E. T. The £7000 and interest were received after the date of the will by the testator's agent on his account, and immediately afterwards £6000, part of it, was invested on another mortgage, and the remainder was paid into a bank in which the testator had no other monies, but was afterwards drawn out by a person to whom the testator had given a cheque for the amount. Held, that the legacy was specific, and, notwithstanding the £6000 remained due on the second mortgage at the testator's death, that the legacy was wholly adeemed. Philip Gardner, by his will, dated the 9th of September 1822, devised certain real estates to his son, Philip Thomas Gardner (the Plaintiff) for his life, and then expressed himself as follows : " Also I give and devise the interest of the sum of £26,183, 10s. 2d. stock standing in my name in the three per cent, consols, also I give and devise the interest of £7000 secured on mortgage of an estate at Worstead in the county of Norfolk, belonging to Mr. Robert Tuck, also I give and devise the interest of £6000 now secured on mortgage of an estate at Conway in the county of Carnarvon, belonging to the late Holland Williams, Esquire, also I give and devise the interest of £6000 now secured on mortgage of an estate at Carreglwyd in the Isle of Anglesey, belonging to Holland Griffith, Esquire, during the term of his natural life, then with the interest of £1 100 now secured on mortgage of an estate at Berthlwyd in the county of Merioneth, belonging to Miss Ellen Evans, together with those devised above to my son Philip Thomas Gardner during the term of his life, to the use of Charles Madryll, Esquire, and the Rev. Charles William Burrell, in trust, after his death, to go with the estates to the first-born son of the body of my son lawfully begotten, and to the heirs male of the body of such son lawfully begotten, and in default of such issue male of such son to the first, second, or third, and all and every the other [94] son or sons of the body of my said son lawfully begotten." And after making several other bequests the testator gave to the Plaintiff...
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