Wisden v Wisden
| Jurisdiction | England & Wales |
| Judgment Date | 04 July 1854 |
| Date | 04 July 1854 |
| Court | High Court of Chancery |
English Reports Citation: 65 E.R. 452
HIGH COURT OF CHANCERY
S. C. 18 Jur. 1090; 2 W. R. 616. See In re Scott [1901], 1 K. B. 237.
452 WISDEN V. WISDEN 2 SM. & GIFF. 396. [396] wisden v. wisden. July 4,1854. [S. C. 18 Jur. 1090; 2 W. R. 616. See In re Scott [1901], 1 K. B. 237.] A testator, after directing that all his just debts should be paid by his executors, devised to his eldest son certain houses, subject, nevertheless, to his paying off the mortgage thereon ; and then, having devised to his other sons other houses which he had incumbered, and to his daughters certain houses which were free from incumbrance, empowered his executors to receive all rents due to his estate, and to pay his debts, and to use such means as should be necessary for recovering all money due to his estate, and also to grant possession to his devisees, and to reimburse themselves. Held, not a general charge of debts on the whole of the real estate. Devise by the testator to his eldest son, who had died previously to the date of the will leaving an heir: Held, on the construction of the 33d section of the Wills Act, that the heir of the devisee was entitled. within the said borough the burgesses are required to signify their votes for or against the adoption of this Act; which votes shall be received on such day, commencing at nine of the clock in the forenoon and ending at four of the clock in the afternoon of such day ; and the said notice shall be to the effect of Form No. 1, in the schedule hereto annexed. Sect. 4. "And it be enacted that, out of the monies to be raised under the provisions of this Act, it shall be lawful for the town council, or for such committees as they shall appoint for all or any such purposes, from time to time to purchase and provide such fuel, lighting, fixtures, furniture and other similar matters, for the convenient and useful occupation and enjoyment of such libraries, museums and premises, and to appoint such officers and servants, with salaries and remuneration, and to make such rules and regulations for the safety and use of the said libraries and museums, and for the admission of visitors and others, as to them shall seem fit; and that auy such committee may be appointed for such times only and composed of such persons (whether members of the council or not) as the council may think fit, and may at any time be dissolved by the said council. Sect. 5. "And be it enacted that, for the purchase of such lands, and the erecting, extending, altering and repairing of such buildings, it shall be lawful for the council of any such municipal borough as aforesaid, from time to time, with the approval of the Commissioners of Her Majesty's Treasury, to borrow at interest such sums of money as may be required for the same, on the security of the said yearly amount of borough rate authorised by this Act. Sect. 6. "And be it enacted, that the lands and buildings so purchased, erected, extended or altered as aforesaid, and also all books, maps and specimens of art and science which may be presented to, and all fixtures, furniture and articles of every description which may be presented to or purchased for, any such library or museum, or to or for the said council for;the purposes of such library or museum, or to or for any committee appointed by them, shall be vested in and held upon trust for ever by the mayor, aldermen and burgesses of the'borough in which such library or museum shall be situated, and shall be managed by the council of the borough (or by a committee or committees appointed by them) and kept in fit and proper order, for the benefit of the inhabitants of the borough and others resorting thereto. Sect. 8. " And be it enacted that, if the burgesses shall determine in the manner aforesaid against the adoption of this Act, it shall not be lawful within two years after such determination again to take the votes of the burgesses of the said borough in manner aforesaid for the purpose of ascertaining whether the provisions of this Act shall be adopted for such borough. Sect. 9. "And be it enacted that, notwithstanding the repeal of the said Act hereby repealed, all museums established or begun under the provisions of the said repealed Act may be lawfully maintained, completed and managed by the ways and means in this Act provided, in all respects as if such museums had been established and begun under the sanction and provisions of this Act. 2 SM. & GIFF. 397. WISDEN V. WISJDEN 453 Devise.by the testator to his three daughters of real estate, with the appurtenances, to hold the same in joint-tenancy for their own sole use and benefit in succession, and not subject to the debts or control of their husbands; the same not to be sold or disposed of, but held in succession by his three daughters, with right of survivorship. Held, that the daughters took as joint-tenants in fee. Simon Wisden, late of Brighthelmstoue, in the county of Sussex, gentleman, deceased, duly made and executed his last will and testament in writing, dated the 27th day of June 1840, as follows :- "First, I order and direct that all my just debts be paid and satisfied by my executors hereinafter nominated and appointed. I give, devise and bequeath unto my son,'Joseph Wisden, all my three dwelling-houses, situate and being Nos. 41, 42 and 43, in Grenville Place, Brighton, aforesaid, subject nevertheless to his my said son Joseph's paying off the mortgage of 750, which said sum being advanced on the said premises by and for his use and benefit...
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