A testator gave legacies of nineteen guineas to each of his executors, and he bequesthed his residue to the m ‘absolutely’, charged with certain legacies. He also charged them to deduct their costs, charges and expenses out of any part of his estate. Held, that the executors were trustees of the residue of the residue for the next of kin.
Judges:
Sir John Rommily MR, Knight Bruce LJ
Citations:
[1861] EngR 521, (1861) 29 Beav 474, (1861) 54 ER 711
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Saltmarsh v Barrett HL 13-Jul-1861
A testator after directing payment of his debts, funeral and testamentary expenses and legacies, bequeathed some legacies to charities, and gave to three persons legacies of nineteen guineas each, and appointed them executors. He then bequeathed . .
See Also – Saltmarsh v Barrett 9-Jun-1862
An executor, under a bona fide belief that on the true construction of the will they were entitled thereto, sold out stock, retained one-third and paid two-thirds to the co-executors. It having been declared in the suit that the next of kin were . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 07 October 2022; Ref: scu.284282