JOHN ROBERT BALL Vs. CHARLES WILLIAM BALL

JUDGEMENT

(1.) In this case the estate of the deceased testator is not sufficient to pay all the legacies directed to be given by the will and the questions raised in this Originating Summons are as to whether the legacy of Rs. 15,000 under clause 2 (a) in favour of Mrs. Mary Josephine Ball should have priority over the legacies in favour of the grand-children and great-grand-children under clause 2 (6), and further whether the legacies under clause 2 (c) should rank pari passu with the legacies under clause 2 (a), or should also be paid, after the legacy under clause 2 (a) has been fully satisfied.

(2.) It has been argued on behalf of the plaintiff that because in clause 2 (6) the words used are "subject to the aforesaid," the legacy under clause 2 (b) can take effect only after the legacy under clause 2 (a) has been fully satisfied and that there being no such words in clause 2 (c), the legacy under clause 2 (c) should rank with the legacy under clause 2 (a) and that unless and until they are satisfied the legacy under clause 2 (b) cannot take effect.

(3.) The other view of the matter is that all the legacies under clauses 2 (a), (b) and (c) should proportionately abate in view of the insufficiency of the estate.