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![handle is hein.slavery/ssactsengr0874 and id is 1 raw text is: SAWREY V. RUMNEY
[698] SAWREY V. RUMNEY. July 8, 14, 1852.
[S. C. 17 Jur. 83.]
By her will a testatrix gave £1000 stock to trustees, upon trust to apply the dividends
for the maintenance of her granddaughter until she attained twenty-two, and then
in trust for her absolutely; but if she died under twenty-two, then in trust for the
testatrix's children living at the granddaughter's death. By a codicil the testatrix
revoked the above trusts, and, in lieu thereof, directed the trustees to apply the
dividends for the maintenance of the granddaughter until she attained twenty-two,
and then in trust for her for life for her separate use ; and in the event of her dying
either above or under twenty-two leaving lawful issue, in trust for her children
equally ; but if she died without leaving lawful issue, then in trust for the testatrix's
children living at the granddaughter's death, and the children of any child who
had previously died. By a subsequent codicil the testatrix declared that she had
altered her views respecting her granddaughter as to the £1000 left in the will, which
(the testatrix now thought) might prove a snare for her, and the testatrix left £500
for schooling and board. Held, that the legacy of £500 was given in addition to
and not in substitution for that of £1000 given by the codicil.
The question in this case was whether a legacy of £500, bequeathed by a third
codicil, was given in substitution for one of £1000 given by a second codicil.
The testatrix, Catherine Rumney, by her will, dated in 1847, bequeathed, among
other things, as follows- I give and bequeath unto the said John Fenwick and
Jonathan Thompson the sum of £1000 £3 per cent. consolidated Bank annuities,
other part of the stock standing in my name in the said books of the Governor and
Company of the Bank of England, upon trust to pay, apply and dispose of the said
dividends and annual proceeds thereof as and when the same shall become due and
payable, for and towards the maintenance and education of my granddaughter
Catherine Lowdon, until she attains the age of twenty-two years ; and when and so
soon as my 'said granddaughter attains her said age of twenty-two'years, then in
trust for her my said granddaughter Catherine Lowdon, her executors, administrators
and assigns, for ever. But in case my said granddaughter Catherine Lowdon shall
depart this life before she attains her said age of twenty-two years, then in trust for
my children living at the time of her death, and the children of such of my children
as may then have departed this life, in equal shares and proportions, for ever; such
children of my said deceased children, nevertheless, taking onlyper stipes and not
per capita.
[699] There was a first codicil, dated the 7th of December 1849, which did 'not
affect the above bequest.
The second codicil was dated the 22d of February 1850, and was, so far as material,
as follows:-And whereas I have by my said will bequeathed unto John Fenwick,
of the town and county of Newcastle-upon-Tyne, attorney-at-law, and Jonathan
Thompson, of Longmarton, yeoman, the sum of £1000 £3 per cent. consolidated
Bank annuities, prt of the stock standing in my name in the books of the Governor
and Company of the Bank of England, upon trust to pay, apply and dispose of the
dividends and annual proceeds thereof as and when the same shall become due and
payable; for and towards the maintenance and education of my granddaughter, until
she attains the age of twenty-two years; and when and so soon as my said grand-
daughter Catherine Lowdon should attain her age of twenty-two years, then in trust
for her my said granddaughter Catherine Lowdon, her executors, administrators and
assigns, for ever. But in case my said granddaughter Catherine Lowdon should
depart this life before she should attain her said age of twenty-two years, then in
trust for my children living at the time of her death, and the children of such of my
children as might then have departed this life, in equal shares and proportions for
ever; such children of my said deceased children, nevertheless, taking only per stirpes
and not per capita. Now, I hereby confirm the said bequest of £1000 £3 per cent.
consolidated Bank annuities, except as to the trust upon which the same was so
1305
5 DE G. & SM. 698.](ViewImageLocal?handle=hein.slavery/ssactsengr0874&div=1&collection=&method=preview&ext=.png&size=3)