That Thomas Hall deceased, having only one Child the Plaintiff, made his Will, and three Executors in Trust, for the Use of the Defendant Mary Pollard, whom he intended to have married ; and by his Will, after Debts and Legacies, gave the Residue of his Estate to his Executors, in Trust for the said Mary Pollard : That two of the Executors declared by their Answer, That the Trust was for the said Mary Pollard, but the third Executor declared, He conceived the Trust was for the Plaintiff, and that the said Hall declared no Trust in him for the said Mary Pollard.
That it being doubtful to which of them this Trust is, it was referred to a Judge, who certified.
That he conceives, That in Extremity there is no Trust proved according to the Will, but it appearing that the said Mary Pollard was a lewd Woman, and had abused the said Hall, This Court, in Respect the Trust was not proved according to the Letter of the Will, think it not fit to relieve the said Mary Pollard on her Bill, for the Surplus of the said Hall’s Estate, this Court much disliking that the Estate of the said Hall should be given away from his own Child to the said Mary Pollard, who hath and had an Husband living at the Time of the said Will, and dismissed Pollards Bill.
Citations:
[1635] EngR 2, (1635-36) 1 Rep Ch 101, (1635) 21 ER 519 (B)
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 12 April 2022; Ref: scu.420573