Williams v Lee
| Jurisdiction | England & Wales |
| Judgment Date | 26 June 1745 |
| Date | 26 June 1745 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 930
HIGH COURT OF CHANCERY
Case 77.-billingsley and Others versus wills and Others, June 17, 1745. [Distinguished, Tribe v. Newland, 1852, 5 De G. & S. 238.] The court of opinion that L. on the circumstances of the case was not intitled under the will of A. B. to a share in 1500 therein devised, and consequently not transmissible to the defendant Wills, her husband and representative. The question arose in this case out of the will of Arthur Billingsley, of the 19th of November 1720. " I do further give and bequeath to my brother Capel Billingsley the interest of " fifteen hundred pounds during his natural life, then f-rom and after the decease of " my brother Capel Billingsley, I give the said sum of fifteen hundred pounds unto " [220] and amongst all and every the younger son and sons, in case there be any " younger sons, and all and every the daughter and daughters of my brother Capel " Billingsley now lawfully begotten, or to be hereafter begotten, share and share alike ; " but in case he shall have only daughters lawfully begotten, then only unto and amongst " the younger daughter or daughters, and to be paid to them all, every and each of them, " at and when they shall have obtained to their respective ages of one and twenty years. " But my express will and meaning is, that no elder son, in case there shall be more " than one son, nor any elder daughter, if there be only daughters of my brother Billings-" ley living at his decease, shall have any part, share, or interest in the 1500. " But in case all the children of my said brother Capel Billingsley except one, either " son or daughter, shall happen to die before their respective ages of twenty-one, then " I give one thousand pounds, part of the fifteen hundred pounds, to such surviving " only child, whether son or daughter, and to be paid to him or her at their age of " twenty-one." The plaintiffs by their bill prayed, that the former cause, so far as relates to the sum of 884, 14s. &d. South-sea annuities in the bank, may be revived, and the plaintiffs have the benefit thereof. Lord Chancellor. The facts in this case are, that Capel Billingsley had three children, a son and two daughters, at the time of Arthur Billingsley's making of his will, and one son born after the death of the testator. Lostitia, one of the daughters, marries and attains her age of twenty-one, but dies before her father, and then he dies. The question is, Whether...
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