Wordsworth v Wood
| Jurisdiction | England & Wales |
| Judgment Date | 04 December 1839 |
| Date | 04 December 1839 |
| Court | High Court of Chancery |
English Reports Citation: 41 E.R. 246
HIGH COURT OF CHANCERY
S. C. 2 Beav. 25; 9 L. J. Ch. (N. S.), 29; 1 H. L. C. 129; 11 Jur. 593. See Shailer v. Groves 1847, 6 Hare, 164. Of. Corneck v. Wadman, 1868, L. R. 7 Eq. 80; Marriott v. Abel, 1869, L. R. 7 Eq. 478. See also authorities collected in Williams, Executors, 9th ed. vol. 2, 1330 (note).
[641} wordsworth . wood. June 26, July 5, 6, Dec. 4, 1839. [S. C. 2 Beav. 25; 9 L. J. Ch. (N. S.), 29 ; 1 H. L. C. 129 ; 11 Jur. 593. See Shaikr v. Gh-oven, 1847, 6 Hare, 164. Gf. Cm-neck v. Wad/nan, 1868, L. R. 7 Eq. 80; Marriott v. AM, 1869, L. R. 7 Eq. 478. See also authorities collected in Williams, Executors, 9th eel. vol. 2, 1330 (note).] A testator after disposing of certain property gave to his wife, for her life only, all his remaining estates, and then proceeded in the following words:-"As also I leave, give, and bequeath to my said dear wife all my capital in trade, with the three-quarters of the profits arising therefrom, for her life ; but nevertheless in trust, at her death, for my then surviving children, share and share alike; independent of the rental of my said estates, which I give and bequeath to my surviving female children, to be paid to them as follows, by my executor J. C. W., or his heirs or assigns," &c. The testator then, after directing his executor to pay such rents at certain particular times, proceeded thus :-" On the decease of any of the children, should they die without issue lawfully begotten, that share to fall to the rest, and so on to the last female child ; but should they marry and have children, then their share to go to the said child or children, and from the last female child to the males of my body lawfully begotten, with the same restrictions as before expressed, and to the heirs and assigns of the last of them. But be it remembered that my daughter Mrs. Eliza J. is exempt from any benefit arising from this will, the said Mrs. J. having had her share of my property at her marriage," One of the daughters, having survived the testator, married, and afterwards died, in the lifetime of his widow, leaving children. Held, that such children did not become entitled to their mother's share. The will of Joseph Wood, dated the 23rd of October 1827, after disposing of certain particular parts of his property, proceeded in the following words :-"And now I do give and bequeath to my dear wife Mary Wood, in trust for her life only, all my remaining estates, freeholds, leaseholds, ground-rents, and reversions, rent-charges, plate, linen, and the household furniture in the houses at Westminster and Park House, parish of Hayes, county of Middlesex, with the pictures, and any 4 MY. & CR. 642. WORDSWORTH V. WOOD 247 particular article she may be desirous of from my estates in Devonshire; as also I leave, give, and bequeath to my said dear wife all my capital in trade, with the three-quarters of the profits arising therefrom, for her life, but nevertheless in trust, at her death, for my then surviving children, share and share alike; independent of the rental of my said estates, which I give and bequeath to my surviving female children, to be paid them as follows by my executor, Joseph Carter Wood, or his heirs or assigns; that is to say, the whole rents and produce, share and share alike, of all such freehold, leasehold, ground-rents, and reversions, rent charges, plate, and household furniture, as before mentioned ; but to have no power to sell, mortgage, or in [642] any way whatsoever to incumber the same ; on the contrary, the rents of which I direct may be received from my executor Joseph Carter Wood, and paid by him to them one month after each quarter day, that is to say, on the 25th day of January, the 25th day of April, the 24th of July, and 29th of October, in each year; so carrying the balance forward to the next quarter. On the decease of any of the children, should they die without issue lawfully begotten, that share to fall to the rest, and so on to the last female child; but should they marry and have children, then their share to go to the said child or children, and from the last female child to the males of my body lawfully begotten, with the same restrictions as before expressed, and to the heirs and assigns of the last of them. But be it remembered that my daughter Mrs. Eliza Johnstone is exempt from any benefit...
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