Wilkinson v Adam
| Jurisdiction | England & Wales |
| Judgment Date | 26 February 1812 |
| Date | 26 February 1812 |
| Court | High Court of Chancery |
English Reports Citation: 35 E.R. 163
THE LORD CHANCELLOR; SIR ALEXANDER THOMPSON, BARON; SIR SIMON LE BLANC, SIR VICARY GIBBS, JUSTICES.
S. C. (Affirmed H. L.) 12 Pri. 470. See Gordon v. Gordon, 1816, 1 Mer. 150; Beachcroft v. Beachcroft, 1816, 1 Madd. 440; Leake v. Robinson, 1817, 2 Mer. 392; Lord Woodhouselee v. Dalrymple, 1817, 2 Mer. 422; Bayley v. Snelham, 1822, 1 S. & S. 81: Bagley v. Mollard, 1830, 1 Russ. & My. 586; Dover v. Alexander, 1843, 2 Hare, 282; Key v. Key, 1853, 4 De G. M. & G. 85; Barnett v. Tugwell, 1862, 31 Beav. 238; Howarth v. Mills, 1866, L. R. 2 Eq. 391; Clifton v. Goodbun, 1868, L. R. 6 Eq. 281; In re Wells' Estate, 1868, L. R. 6 Eq. 600; Hill v. Crook, 1871-73, L. R. 6 Ch. 315; L. R. 6 H. L. 276; Dorin v. Dorin, 1873-75, L. R. 17 Eq. 470; L. R. 7 H. L. 568; Occleston v. Fullalove, 1874, L. R. 9 Ch. 153, 172; Laker v. Hordern, 1876, 1 Ch. D. 649; Levy v. Solomon, 1877, 37 L. T. 264; Kilford v. Blaney, 1885. 31 Ch. D. 61; In re Haseldine, 1886, 31 Ch. D. 516; In re Hall, 1887, 35 Ch. D. 555; In re Deakin, [1894] 3 Ch. 569.
[422] wilkinson v. adam. Before the Lord Chancellor, Feb. 25, 26, 1812. With the Judges, June 15, 19, 26, 29, 1812; Feb. 10, March 1, April 13, 1813.- The Lord Chancellor; Sir Alexander Thompson, Baron; Sir Simon Le Blanc, Sir Vicary Gibbs, Justices. [S. C. (Affirmed H. L.) 12 Pri. 470. See Gordon v. Gordon, 1816, 1 Mer. 150 ; Beachcroft v. Beachcroft, 1816, 1 Madd. 440 ; Leake v. Robinson, 1817, 2 Mer. 392 ; Lord Woodhouselee v. Dalrymple, 1817, 2 Mer. 422 ; Bayley v. Snelham, 1822, 1 S. & S. 81 : Bagley v. Mollard, 1830, 1 Russ. & My. 586 ; Dover v. Alexander, 1843, 2 Hare, 282 ; Key v. Key, 1853, 4 De G. M. &*G. 85 ; Barnett v. Tugwell, 1862, 31 Beav. 238 ; Howarth v. Mills, 1866, L. R. 2 Eq. 391; Clifton v. Goodbun, 1868, L. R. 6 Eq. 281 ; In re Wells' Estate, 1868, L. R. 6 Eq. 600 ; Hill v. Crook, 1871-73,| L. R. 6 Oh. 315 ; L. R. 6 H. L. 276 ; Dorin v. Dorin, 1873-75, L. R. 17 Eq. 47f); L. R. 7 H. L. 568 ; Occleston v. Fullalove, 1874, L. R. 9 Oh. 153, 172 ; Laker v. Hordern, 1876, 1 Ch. D. 649; Levy v. Solomon, 1877, 37 L. T. 264 ; Kilford v. Blaney, 1885. 31 Ch. D. 61 ; In re Haseldine, 1886, 31 Oh. D. 516 ; In're Hall, 1887, 35 Ch. D. 555 ; In re Deakin, [1894] 3 Ch. 569.] Under a Devise by; a married Man, having no legitimate Children, " to the Children " which I may have by A. and living at my Decease," natural Children, who had 164 WILKINSON V. ADAM 1 V. & B. 423. acquired the Reputation of being his Children by her before the Date of the Will, entitled, as upon the whole Will intended, ard sufficiently described ; rejecting, as a Description of the Devisees, Passages in a written Book, unattested ; of which Probate was admitted under a Reference in the Will to " the Observations " and Directions, which I shall leave in a written Book." Whether, if there were also legitimate Children by the same Mother, they could take together under the same Description, and whether future illegitimate Children can take under any Description in a Will, Qu zre. (See Gordon v. Gordon, 1 Meriv. 141, and Arnold v. Preston, 18 Ves. 288.) John 'Wilkinson by his Will, dated the 29th of November 1806, devising to his Wife Mary Wilkinson for Life his Mansion at Castle Head, and declaring, that such Devise, together with the Annuity given to her, was to be taken in lieu of Dower, and giving her an Annuity of £500, charged on his real Estates and Iron Works thereinafter devised, and also giving her the Use of his Household Goods, &c., at his Mansion at Castle Head, proceeds as follows : " And from and after the Decease of my said Wife I give and devise unto Ann " Lewis (who now lives with me) during the Term of her natural Life provided she " so long continues single and unmarried hut not otherwise all that my said Mansion " House at Castle Head with the Appurtenances. Also I give and devise to the " said Ann Lewis (subject to the Proviso aforesaid) the Use of [423] all my Household " Goods, Plate, Furniture, and other Chattels of what Kind soever, being at my " Mansion House at Castle Head aforesaid for her Life which Devises are for the " separate and peculiar Use Benefit and Enjoyment of the said Ann Lewis during " the Term and on the Proviso aforesaid and are to be looked upon as entirely " distinct from and having no Reference to the joint Trust wherewith she is herein-" after intended to be invested by this my Will." The Testator then devises all his real and personal Property (except what he had before given to his said Wife and Ann Lewis for their respective Lives) to the said Ann Lewis, James Adam, William Vaughan, Cornelius Beynolds, and Samuel Fereday, for Thirty-one Years, to commence from his Decease, upon several Trusts ; the last of which is to purchase Lands of Inheritance ; to be limited during the Term of Thirty-one Years to such and the same Uses, and upon the same Trusts, with those of the Testator's Estates of Inheritance, thereby devised to them in Trust; and he then proceeds in the following Words : " And from and after the Expiration of such Term to the Children which I may " have by the aforesaid Ann Lewis and living at my Decease or born within Six " Months after equally to be divided between such Children and their heirs Share " and Share alike and if but one such Child to such only Child and his or her Heirs " for ever ; and if no such Child or Children be living at my Death or born within " Six Months after my Decease, as aforesaid, to my Nephew Thomas Jones and his " Heirs for ever ; and if the said Thomas Jones shall at the Time of such Purchase " be dead, in that Case to such Person as shall be the Heir of the said Thomas Jones, " and to his, her or their, Heirs for ever "; and after the Expiration of the. said Term of Thirty-one Years he [424] devised all other his Estates, &c., in the following Words : " To the Use and Behoof of the Child or Children which I may have by the said " Ann Lewis as above mentioned to be divided equally between them Share and " Share alike, and his, her or their Heirs for ever ; and in Default of such Child or " Children born to me as aforesaid, then to the Use and Behoof of my said Nephew " Thomas Jones and his Heirs for ever provided he or they do take the Name of " Wilkinson ; and in case I leave any Child or Children by the said Ann Lewis then " I give and bequeath to my said Trustees for each and every such Child per Year " during the Continuance of the said Term of Thirty-one Years such a Sum of " Money as they or the major Part of them in their Discretion shall think adequate " and sufficient for the Support Maintenance Education and bringing up of such " Child or Children which I may have by the said Ann Lewis as aforesaid during " so long of the said Term as he she or they may happen to live but not to exceed the " Sum of £200 in each Year for each and every such Child or Children ; and it is my " Will and I do hereby expressly limit give and appoint the said Sum of £200 per " Year to the said Ann Lewis for her own peculiar and separate Use for her Care IV. &B. 425. i WILKINSON V. ADAM 165 " Management and Guardianship of the said Children during such Time as she " continues such Guardianship ; and I charge my Estates with the Payment thereof " accordingly." After directing, that his Trustees should at the Expiration of the said Term of Thirty-one Years, render an Account to the Persons then entitled in Reversion or Eeinainder to his several Estates of Inheritance so devised or purchased, and assign and deliver his Leasehold and personal Property, he proceeds thus : [425] " And it is my Will and I do hereby direct that immediately after the Expira-" tion of the said Term of Thirty-one Years all my real and personal Estate and " Effects not hereinbefore by this my Will otherwise disposed of shall be vested in " the Child or Children which I may have by the said Ann Lewis as above-mentioned " (except such Part thereof as is before devised to the said Ann Lewis for her own " Use during her natural Life and continuing single and unmarried) and his her or " their Heirs for ever Share and Share alike and in Default of such Child or Children " born to me as aforesaid then the same to vest in the said Thomas Jones his Heirs " Executors, Administrators and Assigns to his and their own Use upon the Con-" dition aforesaid. And it is my Will and I do hereby farther direct that immediately " on the Decease or Marriage of the said Ann Lewis (which shall first happen) the " Mansion House at Castle Head and also the Household Goods and furniture so " devised to her as aforesaid shall vest in my said Child or Children born to me by " her as aforesaid equally between them and in Default of such Issue then to the " said Thomas Jones his Heirs Executors Administrators and Assigns upon the " Condition aforesaid." The Testator then appointed Ann Lewis Executrix, and his other Trustees Executors of his Will; and having directed the Legacies, in a Schedule, annexed to his Will, to be paid, requests, that his Body may be privately interred in his Garden at Castle Head in a Place, prepared for that Purpose, or within a Building called the Chapel at Brymbo, or in his Garden at Bradley, " in such Manner as is directed " in the Book hereinafter referred to, and at the nearest of the said Places where I " shall happen to die. Lastly it is my earnest Wish and Desire that the Observations " and Directions which I shall leave (in a written Book) for the better Improvement " of my Estates [426] and carrying on the different Works as well as other Matters " be .foliowed and attended to as much as if they were inserted in this my Will." The Will was re-published on the 26th of March 1807, and the 5th of January 1808 : in each Instance in the Presence of Three subscribing Witnesses ; and on the latter Occasion, he added a Codicil; directing, that the Term of the Trust should be for Twenty-one Years from his Decease...
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