Smith v Smith 1857
Vice Chancellor's Courts - Monday.
(Before Sir Richard T. Kindersley).
Smith v. Smith
The only point in this case turned upon the construction
of a clause in the will of George Smith, of Croydon,
who made a will without date, but who died in May, 1820.
The Master made his report in 1827, and in 1857 the
question came on for decision. The clause ran thus:- To
"Maria Inkpen,
the interest of 400l. for her life, independent
of her present or any future husband, and at her decease the
400l. to be equally divided among her children." The
legatee died, without issue surviving her,
in 1855, having
received the dividends during her life. The question was
whether the fund went to the testator's
son-in-law, the
husband of Maria, an executor of the
testator's widow, or to
the father.
Mr. Nalder was for the petitioner, the father; Mr.
Glasse was for the residuary legatee.
The Vice Chancellor held that the fund belonged to the
father.
Source: The Standard (London, England), Tuesday, August 04, 1857; pg. 7; Issue 10288.
Also: The Morning Post (London, England), Tuesday, August 04, 1857; pg. 7; Issue 26082.