A legacy was given to the testator’s daughter on the ‘express condition that if the said bequest be not duly claimed by my said daughter within the space of three calendar months next after my decease, that then the said bequest shall lapse, and the amount thereof shall fall into and be considered as part of my residuary personal estate and be applied accordingly.’ The daughter did not claim the legacy for some years. She claimed that she had not heard of it until nearly two years after her father’s death, and it was admitted by the executors that no notice was given.
Held: ‘the words are too strong’ and the fund must fall into the residue, on her failure to claim the legacy.
Citations:
(1874) 18 Eq 243
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: 12 May 2022; Ref: scu.179726