Willmott v Jenkins
| Jurisdiction | England & Wales |
| Judgment Date | 07 December 1838 |
| Date | 07 December 1838 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 995
ROLLS COURT
See Baker v. Farmer, 1867, L. R. 4 Eq. 388.
[401] willmott v. jenkins. Dec. 7, 1838. [See Baker v. Farmer, 1867, L. R. 4 Eq. 388.] An executor, who was also trustee, divided the assets: he paid to the adult legatees their shares, and invested the shares of the infants in his own name, but he executed no declaration of trust thereof: he afterwards applied these sums to his own use. Further assets having unexpectedly fallen in, Held, that they ought, in the first place, to be applied in making good the infants' legacies. The testatrix, by her will and codicil, gave and bequeathed to the Defendant Jenkins and to Sophia M. Smith deceased, the sum of 300, upon trust to invest the -same in the funds, and during the minority of the Plaintiff, to apply the dividends towards her maintenance and education ; and upon further trust, when the Plaintiff should attain twenty-one or be married, that her trustees for the time being should transfer those funds to the Plaintiff; and she directed, if the Plaintiff should die before attaining the age of twenty-one or be married, that this legacy should become part of her, the testatrix's residuary estate; and she gave the residue of her real -and personal estate to the same trustees, upon trust to sell and invest the produce, .and stand possessed thereof in trust for such of eleven persons (including the Plaintiff), as should attain twenty-one or marry; and she appointed Jenkins and Sophia M. Smith her executors. [402] The testatrix died in April 1825, and her will was proved by Jenkins and Sophia M. Smith; the latter died in October in the same year, leaving Jenkins the .surviving trustee and executor of the will of the testatrix. Jenkins paid the debts of the testatrix, and he also paid the legacies given by her will to such of the legatees as were adult; and as he represented, he, as trustee nomi- 996 WILLMOTT V. JENKINS 1 BEAV. 03. nated by the testatrix, retained the sum of 300 in respect of the legacy given by the will and codicil to the Plaintiff, who was an infant; and on the 16th November 1825 he invested a sum of 291, being the amount of the Plaintiff's legacy minus the legacy duty, in the purchase, in his own name, of 333, 14s. consols, but he executed no declaration of trust of this sum. The residuary estate of the testatrix was afterwards ascertained, and it was found, that after making provision for the legacies, the share of each of the...
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The Right Hon. JOHN RICHARDS, one of the Barons of HM Court of Exchequer, CAROLINE RICHARDS, Widow, CAROLINE MARIA RICHARDS, otherwise WOODHOUSE, and another, v CROASDAILE MOLONY, HENRY MOLONY and Others
...Rep. 39. Pritchard v. LangherENR 2 Vernon, 197. Sheridan v. JoyceENR 1 Jo. & Lat. 401. Crew v. Dicken 4 Ves. 97. Willmott v. JenkinsENR 1 Beav. 401. Philippo v. Munnings 2 Myl. & Cr. 309. Foster v. CookENR 3 Bro. C. C. 347. Gillespie v. AlexanderENR 3 Russ. 130. Williams v. Chitty 3 Ves. 54......