The testator had directed his trustees to hold his freehold house upon trust, after the death of his wife, for a Mr Bingham, but subject to the payment of andpound;800 by him to his trustees within six months of his death to form part of his residuary estate. B failed to comply with that condition but offered to pay the sum within six months of her death.
Held: Time was of the essence, because performance of the condition would not result in placing all the parties in the same position as if the terms of the will had been strictly complied with: among such parties must be included the widow, as tenant for life of the residue. Having regard to the language of the will, it must be taken the testator intended the andpound;800 to be paid within six months of his death for the purpose of bringing about what was the necessary consequence of those payments, namely an increase in his residuary estate, which would have provided additional income for his widow during her life.
Judges:
Wynn-Parry J
Citations:
[1947] Ch 339
Jurisdiction:
England and Wales
Cited by:
Cited – Hayward v Jackson ChD 18-Feb-2003
The claimant had been given an option in the will to purchase land from the estate, but the price was not fixed before it expired. The executors asserted that the option had lapsed.
Held: In this case there was no explicit gift over in the . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 10 July 2022; Ref: scu.179725