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THICKNESSE v. LIEGE [1775]
III BROWN.

Case 53.—Philip Thicknesse,—Appellant; Peter Liege, and Others,—Respondents [16th February 1775].

[Mews' Dig. xv. 1092; see In re Booth, Pickard v. Booth [1900], 1 Ch. 768.]

[J. S. gives the residue of his estate to his daughter E. for life, and after her death, to be equally divided among her children, when the youngest should attain 21. But if his daughter should die without any child, or the youngest should not arrive to 21, and none of them should have left lawful issue, then he gave the residue to other persons. E. had only one daughter, who married and had four children, but both she and all the children died in the lifetime of E. Held, that upon the death of E. without any child then living, the devise took effect.]

Peter Lewis Barrenger, being seised of a small real estate of the yearly value of £8, and possessed of a considerable personal estate, made his will, dated the 29th of May 1731, and thereby appointed Daniel Gobbe and Paul Girandeau his executors; and, after giving some small legacies and annuities, he gave and devised in the following words; viz.

I dispose of all and singular the rest, residue, and remainder of my estate in lands, houses, tenements, monies, annuities, securities, goods, and chattels whatsoever, as follows, that is to say, I give and devise all the said rest, residue, and remainder of my said estate, to my said executors, in trust to place the same out at interest, as the same shall be by them received, as soon as the same shall come to their hands, upon such funds and securities as they shall think fit. And I will, that the interest money, and the rents of my houses, lands, or tenements, which my executors shall receive, be likewise placed out at interest, except only if it happen that my daughter survive her said husband, for then my will is, that my said trustees pay to her every year during her natural life, all the interest of the rest, residue, and remainder of my estate, and of the increase thereof, by interest, rents, or otherwise; and that after her decease, they divide equally share and share alike amongst her issue, all the said rest and remainder of my estate, and the increase thereof; but that division to be only when the youngest of them shall be [366] 21 years old; and if any of them be then dead, and hath left a lawful issue, then my will is, that the guardian of that lawful issue may receive his share. But if my daughter happen to die without any child, or the youngest of them should not arrive to 21 years, and none of them shall have left lawful issue, then my will is, that the remainder of my estate, and all the increase thereof, be divided into four equal parts, whereof 1 give and bequeath one fourth part to Peter Liege, a surgeon. And I give and bequeath one other fourth part to William Jousselin a jeweller, and to John Jousselin his brother, a confectioner. And I give and bequeath one other fourth part to the children of John Pomarede and Mary Benigne his wife, of Dublin. And I give and bequeath one other fourth part to Charles Benjamin Jeffries, son to Captain Latouche of Chelsea. And if it should happen, that when this article should take place, that one of the four donees were dead, (for I consider William Jousselin and his brother John to be but as one single donee, and so likewise of the issue of John Pomarede and Mary Benigne his wife, as one single donee,) and had left no lawful issue, then my will is, that his share be divided equally among the surviving donees.

The testator also made a codicil to his will, dated the 8th of November 1731, in the words following, viz.

Whereas there is a clause in my will bearing date the 29th day of May 1731, in manner following, viz. but if my daughter happen to die without any child, or the youngest of them should not arrive to 21 years, and none of them shall have left lawful issue, then my will is, that the remainder of my estate and all the increase thereof, be divided into four equal parts, whereof I give and bequeath one fourth part to Peter Liege, etc. to alter which clause, viz. of dividing it into four parts, the design and intent of this codicil now annexed to the said will is, that my said estate, (that is, the remainder thereof, as aforesaid,) be and shall be divided into five equal parts, whereof my will is hereby declared, that the children of my niece Querqui de Chalais, shall be accounted as one of the five donees, and shall have one fifth part; and the other donees in my said will mentioned, shall have one fifth part of the said remainder of my said estate, as before the codicil was made; the said Peter

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