NOTE. The first and last pages of the original report, according to the paging by which the original reports are usually cited, are noted at the head of each case, and references to the same paging are continued in the margin of the text. The Revised Reports. VOL. V. CHANCERY. MIDDLETON v. MESSENGER. Bequest to the testator's wife for life; then, after an appropriation to answer annuities, to the children of the testator's brothers and sisters. All the children living at the death of the testator and those born afterwards before the death of the wife had vested interests; a codicil in favour of the same objects, only restrained to those surviving at the time of distribution, being held to apply only to the capital of the fund appropriated to the annuities. JOHN MESSENGER by his will, dated the 17th of March, 1785, after directing his debts to be discharged, proceeded thus: “Item, I give and bequeath unto my well-beloved wife Lydia Messenger, all the interests of my money arising from the 3 per cent. Consolidated Funds, and also the profits arising from all my estates whatsoever, and the use of all my household furniture, during the term of her natural life; and at her decease I give to my daughter-in-law Ann Little the interest arising from 1,500l. for her sole use during her natural life; but to stand in my name deceased; and if any misfortune by sickness or lameness should attend the said Ann Little, that she may at any time. hereafter be rendered incapable of going to receive her interest money, my will is, that she appoint by letter of attorney a person to receive the same: Item, I give and bequeath unto my sister O'Brien and to my sister Charlewood ten guineas annually each, being the interest of 700l., to stand in my name deceased: The B.R.-VOL. V. B 1799. Dec. 5, 9. Rolls Court. ARDEN, M.R. [136] |