Selway v. Chappell

113 Williams, South v.

566

Shelburne v. Earl of Inchiquin (note) 352 Wilson v. Beddard

28

Sidny v. Ranger

Simeon v Davis

CASES IN CHANCERY,

BEFORE THE

VICE-CHANCELLOR.

D'AGLIE v. FRYER. [1]

Will-Construction-Legacy-Long Annuities.

1841: 19th February.

A testatrix, having 115. long annuities standing in her name at her death, of which 65% like annuities had been purchased for her by T. B., bequeathed her residuary estate to trustees, to be invested or continued by them in the public funds or at interest, the stocks, funds or securities to be varied at discretion, in trust to pay certain annuities out of the interest, dividends, &c., and, subject thereto, to pay the income of the said trust-moneys, stocks, funds and securities, to S. N. for life: and, subject thereto, she gave all the residue of her estate to the trustees absolutely. By a codicil she gave all the money funded by T. B. in her name in the long annuities (which she mentioned to be 50% per annum) to C. D. after S. N.'s death. Held that 50% of the long annuities, were specifically bequeathed to C. D.

THE Countess de Front, at the date of her will and at her death, had 1157. long annuities standing in her name, of which 651. long annuities had been purchased and funded in her name, by T. D. Boswell, in three separate sums, and at three different times in the years 1822, 1823 and 1824. On the 19th of Febru ary, 1824, she made her will, and, without having mentioned her long annuities, disposed of her residuary estate in the following words:

VOL. XII.

[1] Affirmed by Lord Cottenham,
1

D'Aglie v. Fryer.

"I bequeath the residue of my personal estate to W. V. Fryer, Anthony George Wright and John Wright, to be invested [*2] or continued by them in the *public funds or at interest; the stocks, funds or securities to be varied at discretion; and my will is that the said W..VFryer, A. G. Wright and John Wright do stand and be possessed of and interested in the said stocks, funds and securities, and the interest, dividends, and annual produce thereof upon trust to pay, out of such interest or dividends or annual produce, to the said W. V. Fryer and his assigns, an annual sum of 1007, during his life; the said annual sum to be payable by quarterly payments, the first quarterly payment to be made at the expiration of three calendar months next, afier my decease, and a proportional part of the said annual sum to be payable from the last day of payment preceding the death of the said W. V. Fryer up to the day of his decease; and upon trust to pay the whole of the income of the said trust-moneys, stocks, funds and securities (subject to the payment of the said annuity to the said William V. Fryer so long as the same shall continue payable) to Sarah the wife of Charles Neve, for her separate use, free from the control of her present, or any fu ture husband; and upon trust, if the said Charles Neve shall survive the said Sarah Neve, to pay, to the said Charles Neve and his assigns, the annual sum of 3001, during his life, the said annual sum of 300l. to be payable by quarterly payments, the first quarterly payment to be made at the expiration of three calendar months from the decease of the said Sarah Neve, and a proportional part of the said annual sum to be payable from the last day of payment preceding the death of the said Charles Neve up to the day of his decease." After the death of Sarah Neve, and subject to the payment of the annual sums of 1007. and 3001, the testatrix gave all the residue of her estate to W. V. Fryer, A. G. Wright and John Wright, absolutely.

[*3]

*The testatrix made a codicil, dated the 17th of October, 1826, which contained the following bequest: "All the money funded by the late Thomas David Boswell, Esq., in my name in the long annuities, 50% per annum, I give to my