Willox v Rhodes
| Jurisdiction | England & Wales |
| Judgment Date | 25 August 1826 |
| Date | 25 August 1826 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 405
HIGH COURT OF CHANCERY
[452] willox v. rhodes. August 25, 1826. A testator gave a number of legacies, adding,-" I guarantee my estates at C. for the payment of the above legacies ; " and he, in the subsequent part of his will, gave many other legacies. The first class of legacies are not specific, and, failing the estates at C., are to be borne by the general personal estate. William Hawkesworth, by his will dated in July 1811, and executed and attested so as to pass freehold estates, bequeathed various sums of money to various persons, 40fi WILLOX V. RHODES 2 BUSS. 453. and, among other bequests, lie gave 500 to the Plaintiff, Ann Willox, for life, and, after her death, to her children. lie then gave some specific legacies, and proceeded as follows :-" But if any of the above legatees should die before they receive their legacies, leaving a child or children, if one only, their legacies to go to that one child, if more, to be equally divided among them ; and I guarantee (1) in Great Guilford Street and Grenville Mews, near the Foundling Hospital, and my estates at Clielsea, in the county of Middlesex, for the payment of the above legacies, which I desire may not be sold or disposed of during the lifetime of my wife Sarah Hawkesworth. He then proceeded to give several other legacies, and, after bequeathing to his wife all the residue of his estate and effects, directed, " that none of the aforesaid legacies be paid until after the death of my said wife, it being my full intent and meaning for her to enjoy the whole of the property I may die possessed of, during her natural life, without the interference or control of any person whatsoever." In a subsequent clause he ordered the legacies to be paid free of duty. [453J The testator died in June 1812 ; his widow survived him, and died before the filing of the bill. The testator had leaseholds in Guilford Street and Grenville Mews. The bill stated that the property at Chelsea was freehold ; in one of the answers it was represented as being leasehold. The bill was filed by Ann Willox on behalf of herself and the other legatees. She insisted that the legacies, which preceded the clause directing the payment of them to be guaranteed out of the testator's property in Guilford Street, Grenville Mews, and Chelsea, were not specific; that they were charges on the general personal estate; and that the particular property specified by the testator was merely...
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Coard v Holderness
...which it was primarily payable. They cited Mann v. Copland (2 Madd. 223), Fowler v. Willoughby (2 Sim. & Stu. 354), and Willm v. Rhodes (2 Russ. 452). Mr. Eoundell Palmer and Mr. J. Sidney Smith, for the residuary legatees, were not heard. the master OF the rolls [Sir John Romilly]. I am of......
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Alfred Rogers and Frances Rogers, Infants, v Charles Clarke, William Wilcox Clarke, and Rosina Rogers
...(1) The more recent cases of legacies of the kind above mentioned are Fowler v. Willoughby, 2 Simons & Stuart, 354; Willox v. Rhodes, 2 Russell, 452 ; Campbell v. GrcJtam, 1 Russell & Mylne, 453, 461, and Livesay v. Redfern, 2 Younge & Collyer, 90. English Reports Citation: 47 E.R. 552 COU......