The English Reports (Volume 4; V. 39) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1904. Excerpt: ... Clutterbuck V. Clutterbuck. Rolls. Nov. 26, Dec. 14, 1832]. S. C. 2L. J. Ch. (N. S.), 113.] A testator directed the sum of 2000 to be raised out of a certain freehold estate, and paid in satisfaction of certain specified debts, and all such other debts as he should owe at his decease; and he gave the rest, residue and remainder of his estate and effects, real and personal, to his wife, her heirs, &c. Held, that the 2000 was the primary fund for the payment of the debts. The testator Thomas Clutterbuck, after giving several specific and pecuniary legacies, continued his will as follows: --" I give to my cousins Charlotte and Henrietta Brown, and to the survivor of them, one annuity or yearly sum of five guineas, to be paid by my trustees hereinafter named, out of the rents and profits of the farm lands and tenements hereinafter devised to them. I give and devise unto and to the use of my nephew Edward Clutterbuck, his heirs and assigns, all that my tenement called Aldert, situate in the parish of Fareham, 16] in the county of Southampton, which I hold under the Lord Bishop of Winchester, for the lives of myself, my sister Mary Bennett, and my said nephew Edward Clutterbuck. I give and devise all that my estate, tenement, and farm, and lands and hereditaments situate in the parish of Fareham aforesaid, and called or known by the name of Fareham Farm, which I hold by lease under the said Lord Bishop of Winchester for lives of myself, my said sister Mary Bennett, and my nephew Thomas Clutterbuck, and all other my estate, lands, and hereditaments whatsoever, situate in the said county of Southampton, unto and to the use of my brother Dr. Henry Clutterbuck, John Deeble Brown, and Kichard Pearce, and their heirs, upon trust, out of the rents and profits of the premises so de...