TYRE & DUTTON FAMILY, CANTERBURY

~ TYRE & DUTTON FAMILY ~

CANTERBURY

In full assurance

of a glorious resurrection

here rest the remains of

Mr RICHARD TYRE, Gent.

late of St. Augustines, Canterbury

he departed this life the 1st

of Feb 1795 aged 68 years

leaving a most disconsolate widow

In his friendship he was sincere

In serving his God devout

Also of Mrs SARAH DUTTON

widow of the above RICHARD TYRE, Gent

She departed this life 20th April 1830

aged 85 years

*Watling Street, St. Mary Bredin

The Law Journal report, vol 5, pg 76 (cases in chancery) 1836

Mrs. Sarah DUTTON was entitled, under the will of a Mr. TYRE her first husband, to the following interests in the several sums of stock, in the 3l. per cents reduced:

Mrs. D. was entitled absolutely to....£1,935 6 8

Mrs. D. was entitled for life, with remainder to A B for life (who died in 1801) with remainder to Mrs. Dutton, absolutely to... £666 13 4

And she was also entitled for life, with remainder to other parties to £2,400 0 0

Making together in 3l. per cent reduced, the sum of £5,000 00

She married Richard DUTTON in 1798, and, on the 2nd of August in that year, she transferred the first mentioned sum of £1966l 6s 8d into the name of Richard DUTTON her husband and the remaining sum of £666l. 13s. 4d. continued in the name of the first husband, Mr. TYRE, until after the death of Mr. DUTTON.

Richard DUTTON died in 1809, leaving his widow, Mrs. Sarah DUTTON, him surviving; and by his will he gave as follows: "Whereas Richard TYRE, gentleman, bequeathed to his wife Sarah, the interest of £2400l. 3l. percent bank reduced annuities during her life, and the capital to be paid accordign to his will after her decease, now I, Richard DUTTON, having married the said Sarah TYRE, now DUTTON that interest became mine, but returns to her at my decease; and I hereby give and bequeath to my said wife the interest of £2600l. in the above said annuities, and also the interest of £1000l. in the 4l. per cent bank annuiteis, both during her life; and after her decease, I give and bequeath to my three daughters, Ann FLETCHER, Sarah, and Hannah Felicia DUTTON, the above said capitals, with any interest due thereon, and also such legacies as may fall by the death of legatees to Mr. TYRE's will to be equally divided among them, or the survivors of them.

I will be convenient to state, that the first two questions int he cause arose on this will. It was contended, that the testator meant, by the £2600l. the two sums of £19333l. 6s. 8d. and £666l. 13s. 4d., and that if Mrs. DUTTON claimed the latter sum by survivorship, as not having been reduced into possession by Mr. DUTTON, she must be put to her election.

Only one of the three daughters namely, Ann FLETCHER, survived the widow, Mrs. Sarah DUTTON; and this gave rise to a second question, whether, under the words "to be equally divided among them or the survivors of them" the three daughters took vested interests; or whether, as two daughters died in the lifetime of the widow, and tenant for life, the whole did not belong to the survivor.

The third question arose out of the following circumstances relating to the fund. One of the three daughters, namely Hannah Felicia DUTTON, was the residuary legatee of the second sister Sarah, who died in 1825. Hannah Felicia conceivig herself entitled, in right of her sister, to one-third of the above funds, by her will dated August 1834; after reciting that, at the demise of Mrs. Sarah DUTTON, widow, she was entitled to two-thirds of the sums of "£2600l. 3l percent reduced annuities, and also £1000l in the 4l. percent bank annuities;" she bequeathed those sums to Hannah DUTTON (Mrs. LANSBERRY) for life, and at her decease, to revert to the testatrix's property; she also bequeathed £1500 consolidated annuities to H. D. for life, and at her decease, "to revert to her other property;" she then gave £1500 stock of her long annuities to Conrad Marten METZ for life, and at his decease to revert to her other property; and she bequeathed to Ann FLETCHER, the interst of all monies remaining in her consols, and reduced bank stock, and long annuities, for her natural life; and at her decease, both principal and interest to revert to testatrix's said property. And all the rest and residue, of her peronal estate and effects whatsoever and wheresoever, not therein otherwise disposed of, she gave and bequeathed to her said sister Ann FLETCHER; and the principal and interest of the several annuities, as they fell in, she gave and bequeathed to charitable purposes which should thereafter be specified or in default of which according the best judgment of the Rev. Dr. John MADDY, sole executor of her last will and testament.

The testatrix died in 1825 without having specified any charitable purposes, to which her said charitable bequests were to be applied. On her death, Dr. MADDY renounced probate of the will, and declined to act in the trusts, except as to the nomination of the charitable purposes, to which the property was to be appropriated; and which, by his counsel he proposed to perform.

This information was filed, for the purpose of having the fund applicable to charities, appropriated to that purpose; and to have a declartion that Mrs. DUTTON and Ann FLETCHER had severall elected, or that they or their representatives ought respectively to elect, either to take under, or against the respective wills of Richard DUTTON and Hannah Felicia DUTTON. The cause came on to be heard, on teh 27th of February 1829, when it referred to the Master, to inquire, what interest Hannah Felicia DUTTON had in the property specifically referred to by her in her will. The Master was of opinion, that she had no vested or transmissible interest in the sum of £2600 3l per cents, and £1000 4l. per cents. His finding was duly confirmed.

Mr. BICKERSTETH and Mr. REYONOLDS, for the information - It is now firmly established, that a party shall not claim an interest under the will of a testator, unless he gives full effect to the will, as far as lies in his power; and that if a testator gives what is not his property; but which he supposes to be his, and gives to the person whose property it is, an interest by his will; he must elect, either to take his own property, or the benefits intended for him by the will; he cannot take both. On this principal, both Mrs DUTTON must elect under the will of her husband, and Ann FLETCHER under the ill of her sister. .....

Nov. 14 - The Master of the Rolls. The object of this information is, that Sarah DUTTON may be declared to have elected to take under the will of Richard DUTTON; and that Ann FLETCHER may be declared to have elected to take under the will of Hannah Felicia DUTTON; or that their representatives may be directed to make such election; and for the accounts consequential oneither of those results. (After stating the case, his Honour proceeded) The first point made is that Sarah DUTTON the widow of Richard TYRE and Richard DUTTON, and who has died pending this suit, was bound to elect under the will of Ricahrd DUTTON; and the ground is, that part of the £2600 3. per cent consols, mentioned in his will, consisted of £666 13s 4d. part of his property, but which he had not reduced into possession, and of which, after his death, she possessed herself. Now, as she takes a benefit under the will, she cannot disputed the dispositions of that will, of perperty belonging to herself, unless she gives up the bequest made to her by that will but then it must appear by the will....

......................

The case came on again on the 8th of December, when it ws directed, that the residue should be applied towards compensating Mrs. LANSBERRY, and the charity, for the loss which had occurred by the election of Mrs. FLETCHER; and to be, therefore, divided between them accordign tot he value of their interest, which had been defeated by the election of the representatives of Mrs. FLETCHER to take against the will.

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~ TYRE & DUTTON FAMILY ~ CANTERBURY In full assurance of a glorious resurrection here rest the remains of Mr RICHARD TYRE, Gent. late of St. Augustines, Canterbury he departed this life the 1st of Feb 1795 aged 68 years leaving a most disconsolate widow In his friendship he was sincere In serving his God devout Also of Mrs SARAH DUTTON widow of the above RICHARD TYRE, Gent She departed this life 20th April 1830 aged 85 years Watling Street, St. Mary Bredin The Law Journal report, vol 5, pg 76 (cases in chancery) 1836* Mrs. Sarah DUTTON was entitled, under the will of a Mr. TYRE her first husband, to the following interests in the several sums of stock, in the 3l. per cents reduced: Mrs. D. was entitled absolutely to....£1,935 6 8 Mrs. D. was entitled for life, with remainder to A B for life (who died in 1801) with remainder to Mrs. Dutton, absolutely to... £666 13 4 And she was also entitled for life, with remainder to other parties to £2,400 0 0 Making together in 3l. per cent reduced, the sum of £5,000 00 She married Richard DUTTON in 1798, and, on the 2nd of August in that year, she transferred the first mentioned sum of £1966l 6s 8d into the name of Richard DUTTON her husband and the remaining sum of £666l. 13s. 4d. continued in the name of the first husband, Mr. TYRE, until after the death of Mr. DUTTON. Richard DUTTON died in 1809, leaving his widow, Mrs. Sarah DUTTON, him surviving; and by his will he gave as follows: "Whereas Richard TYRE, gentleman, bequeathed to his wife Sarah, the interest of £2400l. 3l. percent bank reduced annuities during her life, and the capital to be paid accordign to his will after her decease, now I, Richard DUTTON, having married the said Sarah TYRE, now DUTTON that interest became mine, but returns to her at my decease; and I hereby give and bequeath to my said wife the interest of £2600l. in the above said annuities, and also the interest of £1000l. in the 4l. per cent bank annuiteis, both during her life; and after her decease, I give and bequeath to my three daughters, Ann FLETCHER, Sarah, and Hannah Felicia DUTTON, the above said capitals, with any interest due thereon, and also such legacies as may fall by the death of legatees to Mr. TYRE's will to be equally divided among them, or the survivors of them. I will be convenient to state, that the first two questions int he cause arose on this will. It was contended, that the testator meant, by the £2600l. the two sums of £19333l. 6s. 8d. and £666l. 13s. 4d., and that if Mrs. DUTTON claimed the latter sum by survivorship, as not having been reduced into possession by Mr. DUTTON, she must be put to her election. Only one of the three daughters namely, Ann FLETCHER, survived the widow, Mrs. Sarah DUTTON; and this gave rise to a second question, whether, under the words "to be equally divided among them or the survivors of them" the three daughters took vested interests; or whether, as two daughters died in the lifetime of the widow, and tenant for life, the whole did not belong to the survivor. The third question arose out of the following circumstances relating to the fund. One of the three daughters, namely Hannah Felicia DUTTON, was the residuary legatee of the second sister Sarah, who died in 1825. Hannah Felicia conceivig herself entitled, in right of her sister, to one-third of the above funds, by her will dated August 1834; after reciting that, at the demise of Mrs. Sarah DUTTON, widow, she was entitled to two-thirds of the sums of "£2600l. 3l percent reduced annuities, and also £1000l in the 4l. percent bank annuities;" she bequeathed those sums to Hannah DUTTON (Mrs. LANSBERRY) for life, and at her decease, to revert to the testatrix's property; she also bequeathed £1500 consolidated annuities to H. D. for life, and at her decease, "to revert to her other property;" she then gave £1500 stock of her long annuities to Conrad Marten METZ for life, and at his decease to revert to her other property; and she bequeathed to Ann FLETCHER, the interst of all monies remaining in her consols, and reduced bank stock, and long annuities, for her natural life; and at her decease, both principal and interest to revert to testatrix's said property. And all the rest and residue, of her peronal estate and effects whatsoever and wheresoever, not therein otherwise disposed of, she gave and bequeathed to her said sister Ann FLETCHER; and the principal and interest of the several annuities, as they fell in, she gave and bequeathed to charitable purposes which should thereafter be specified or in default of which according the best judgment of the Rev. Dr. John MADDY, sole executor of her last will and testament. The testatrix died in 1825 without having specified any charitable purposes, to which her said charitable bequests were to be applied. On her death, Dr. MADDY renounced probate of the will, and declined to act in the trusts, except as to the nomination of the charitable purposes, to which the property was to be appropriated; and which, by his counsel he proposed to perform. This information was filed, for the purpose of having the fund applicable to charities, appropriated to that purpose; and to have a declartion that Mrs. DUTTON and Ann FLETCHER had severall elected, or that they or their representatives ought respectively to elect, either to take under, or against the respective wills of Richard DUTTON and Hannah Felicia DUTTON. The cause came on to be heard, on teh 27th of February 1829, when it referred to the Master, to inquire, what interest Hannah Felicia DUTTON had in the property specifically referred to by her in her will. The Master was of opinion, that she had no vested or transmissible interest in the sum of £2600 3l per cents, and £1000 4l. per cents. His finding was duly confirmed. Mr. BICKERSTETH and Mr. REYONOLDS, for the information - It is now firmly established, that a party shall not claim an interest under the will of a testator, unless he gives full effect to the will, as far as lies in his power; and that if a testator gives what is not his property; but which he supposes to be his, and gives to the person whose property it is, an interest by his will; he must elect, either to take his own property, or the benefits intended for him by the will; he cannot take both. On this principal, both Mrs DUTTON must elect under the will of her husband, and Ann FLETCHER under the ill of her sister. ..... Nov. 14 - The Master of the Rolls. The object of this information is, that Sarah DUTTON may be declared to have elected to take under the will of Richard DUTTON; and that Ann FLETCHER may be declared to have elected to take under the will of Hannah Felicia DUTTON; or that their representatives may be directed to make such election; and for the accounts consequential oneither of those results. (After stating the case, his Honour proceeded) The first point made is that Sarah DUTTON the widow of Richard TYRE and Richard DUTTON, and who has died pending this suit, was bound to elect under the will of Ricahrd DUTTON; and the ground is, that part of the £2600 3. per cent consols, mentioned in his will, consisted of £666 13s 4d. part of his property, but which he had not reduced into possession, and of which, after his death, she possessed herself. Now, as she takes a benefit under the will, she cannot disputed the dispositions of that will, of perperty belonging to herself, unless she gives up the bequest made to her by that will but then it must appear by the will.... ...................... The case came on again on the 8th of December, when it ws directed, that the residue should be applied towards compensating Mrs. LANSBERRY, and the charity, for the loss which had occurred by the election of Mrs. FLETCHER; and to be, therefore, divided between them accordign tot he value of their interest, which had been defeated by the election of the representatives of Mrs. FLETCHER to take against the will. PLEASE CAN YOU CONTACT ME IF YOU HAVE ANY FURTHER INFORMATION TO SHARE ON THE FAMILY
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