of his death, existed in a proper state of investment according to the directions of his Will, and also of the

1827.

v.

BULMER,

Income accrued due, within the first year after the Tes- LA TERRIERE tator's death, on all Investments according to the direction of his Will, made by and with the Monies arising from the Sale or Conversion of two-thirds of all such parts of the said Testator's Estate as did not exist in such proper state of investment. And this Court doth declare that the Income accrued due, within the first year after the Testator's decease, on two-thirds of such last-mentioned parts of his Estate, previous and up to the respective times of the Sale and Conversion thereof, ought to form part of the Capital of the twothirds of the Testator's residuary Estate, by the said Testator's Will devised and bequeathed to the Defendant, M. A. A. La Terriere, for Life. And this Court doth declare that, according to the aforesaid construction of the said Testator's Will, the said M. A. A. La Terriere is entitled to be paid 9297. 68. 6 d., being two-thirds of the aggregate amount of the Third and Fifth. Schedules annexed to the Master's Report, after deducting 20l. 19s. gd. for so much of the Interest on the Mortgage from Mr. Goodwin, in the said Third Schedule mentioned, as accrued due in the Testator's lifetime, and 28 l. 2s. 10 d. for Interest on the Purchase-monies of Lots 7, 9, &c. in the said Fifth Schedule mentioned," &c.

Reg. Lib. B. 1826.

1827:

24th July and

Will. Construction. Conversion.

Escheat.

Testator gave a Copyhold Es. tate to Trustees for his Wife, until the Leases

to which it was subject expired, and directed that

then it should

be sold, and the Proceeds be in

BURTON. HODSOLL.

29th October. THOMAS LAMBE made his Will, dated the 21st of June 1804, and which was, in part, as follows: " I give and devise unto John Hodsoll, of Carey-street, Lincoln's-Inn, Esquire, and Joseph Boucock, of the Old Bailey, Stone Mason, and the Survivor of them, or the Executors or Administrators of such Survivor, all those my three Freehold Messuages in Furnival's-InnCourt, Holborn, and also all my Stock or Shares in any of the Public Funds, and all Money in hand, or Debts due to me, to be placed in the Three per Cent Consolidated Bank of England, whereof I may be possessed of or entitled to, upon this special Trust and Confidence, that they my said Trustees shall and do permit and suffer my Wife, Maria Dove Lambe, to receive and take, for and during the term of her natural life, all Rents and Profits of my said Messuages, and all other Freeholds or Leaseholds that I may be possessed of, and the Interest, Dividends and Proceeds of the said Stock or Shares in the Bank of England, except the Presents hereinafter mentioned, for the support and maintenance of Herself and all my legitimate Issue which I now have or may hereafter have by her, except as follows; that is to say, that in case my reputed Son, known by the name of Thomas Lambe, shall live to attain the age of Twenty-one years, I will and direct that they my said Trustees shall and do, with all convenient

vested for the benefit of his Children; but if his Wife should die be

fore the Leases expired, that it

should be imme

diately sold, and

the Proceeds disposed of as before. The Wife survived the Children,

but died before the Leases ex

pired. The surviving Trustee, who claimed the

Estate for his

own benefit, was decreed to surrender it to the Administrator of the Children, but without prejudice to the Rights of the customary Heirs of either the Testator or the Children, if any such Heirs were in existence.

speed, transfer and assign over to him 200 l. Stock of the Three per Cent Consols of the Bank of England, part of my Stock or Share therein, and to have no other claim on my Property whatever, but to be in full of all bequest from me to him. And I do hereby further will and direct my said Trustees to assign and transfer unto each and every of my lawful Children the like sum of 400 l. Three per Cent Consols, part of my Stock or Share therein, when and so soon as they shall respectively attain their respective ages of Twenty-one years. And from and after the Decease of my said Wife, and all my Children have attained the age of Twenty-one years, I will and direct that my said Trustees, or the Survivor of them, or the Executors or Administrators of such Survivor, do and shall make an equal division, among and between all my said Children and their Heirs, of my said three Freehold Messuages, either by sale or otherwise, as may be deemed most conducive to the interest of my said Children; and also do and shall, in like manner, transfer over unto my said Children all the remaining part of my Stock and Share in the Three per Cent Consols Bank of England, and all Stock or Shares my Property, Estate and Effects, and to divide the same, in equal Shares and Proportions, among and between all my said Children and their Heirs."

The Testator made a Codicil to his Will, in the words following: "I, Thomas Lambe, do hereby will and direct that my Copyhold Estate, situated in Churchstreet, Islington, be transferred to my beloved Wife, Maria Dove Lambe, until the expiration of the Leases, and after that time, soon as convenient, or within one

1827.

BURTON

v.

HODSOLL.

year, to be sold by public Auction, the Money to be placed in the Three per Cent Bank of England Stock, for the benefit of my Children and their Heirs, as directed in the Will. If it should please God to call her before that time of the expiration of the Leases, the Copyhold to be sold by public Auction, soon as convenient, and the Money placed as above directed. N. B. If there should not be Money sufficient in my possession at the time of my decease to pay the Fine of the Copyhold, proving the Will, and Funeral Expenses, my Executors to sell, out of the Three per Cent Consols, 600 l., or a small Sum, as may be required."

The Testator died in May 1806, leaving Maria Dove Lambe his Widow, and Joseph Lambe, his only Son and Heir according to the Custom of the Manor of which the Copyhold Estate was holden, and Maria Dove Lambe the younger, and Harriott Lambe, his only other Children him surviving; and which Joseph Lambe, Maria Dove Lambe the younger, and Harriott Lambe, were also his sole next of Kin. Hodsoll and Boucock, the Trustees, were, shortly after the Testator's decease, admitted Tenants of the Copyhold Estate, and entered into the receipt of the Rents and Profits thereof. All the Testator's Children died Infants, intestate and unmarried, at the following times: Maria Dove Lambe the younger, in July 1807; Joseph, in March 1809; and Harriott, in June 1810. In August 1807, the Testator's Widow married the Plaintiff; and in October 1823, she died. After her death the Plaintiff took out separate Letters of Administration to her and her three Children.

The Bill alleged that Maria Dove Lambe's Share of the Proceeds of the Sale of the Copyhold Estate became, upon her decease, vested or liable to be vested in her Personal Representative, or distributable between her Brother and Sister; or that, otherwise, it devolved, as being undisposed of by the Will and Codicil, to her Mother, as the Testator's Widow, as to one third Part thereof; and as to another Part thereof, to the legal Personal Representatives of Maria Dove Lambe the younger, as one of the Testator's next of Kin; and as to the Residue thereof, to her Brother and Sister, as the other next of Kin of the Testator: that Joseph's Share of the Proceeds of the Sale of the Copyhold Estate, and also his Interest in the Estate of his deceased Sister, became, upon his decease, vested or liable to be vested in his Personal Representative; or otherwise the Proceeds of the Sale of the Copyhold Estate became vested in his only surviving Sister, or otherwise his Share or presumptive Share thereof devolved, as being undisposed of by the Will and Codicil, to his Mother, as the Testator's Widow, as to one third Part thereof; and as to another Part thereof, to his Sister, as one of the next of Kin of the Testator; and as to the Residue thereof, to the legal Personal Representative of his deceased Sister and himself, as the two other next of kin of the Testator: that, upon the decease of Harriott Lambe, the Proceeds of the Sale of the Copyhold Estate, and also her Interest in the respective Estates of her deceased Brother and Sister, vested in her legal Personal Representative; or otherwise the Proceeds of the Sale of the Copyhold Estates devolved to her Mother, as undisposed of by the Will and Codicil, and as Widow of the Testator and next of Kin of her Children that the Plaintiff, as the Administrator

1827.

BURTON

v.

HODSOLL.