Request on condition – Annuity to Wife if smaller annuity under deed released within six months of testator’s death – estate encumbered – neither annuity paid to widow during her life – Death of widow without exercising realease – release by her executors – compliance with condition
The testator had given an annuity to his wife. In his will he gave another annuity expressed to be in substitution for it. The gift in the will was to be void if the wife did not release the lifetime gift. He died with no apparent prospect of any payment being made, and the wife did nothing to comply with the condition. Several years later it became possible to make payments.
Held: The condition was not personal to the widow, and since a release now would be as effective, it was a sufficient compliance with the condition.
Romer J
[1924] 2 Ch 26, [1924] 93 LJ Ch 331, [1924] 130 LT 822, [1924] 68 SJ 478
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.
Updated: 20 August 2021; Ref: scu.179724