Between George Jackson, Plaintiff; and Sir Charles Forbes, Baronet., Thomas Faulkner Middleton, and Caroline Erskine, his Wife, and George Jackson Jackson, and John Anderson Jackson, Ann Jackson, and Jane Jackson, all Infants out of the Jurisdiction, John Hopton Forbes, Administrator ad litem of Colin Anderson, the Younger, and of Jane Jarvis Anderson, both deceased, Matthew Hole, Administrator of the Plaintiffs deceased Infant Daughter Caroline Anderson, and HM Attorney General, Defendants

JurisdictionEngland & Wales
Judgment Date13 July 1829
Date13 July 1829
CourtHigh Court of Chancery

English Reports Citation: 48 E.R. 36

WESTMINSTER HALL.

Between George Jackson
Plaintiff
and Sir Charles Forbes, Baronet., Thomas Faulkner Middleton, and Caroline Erskine, his Wife, and George Jackson Jackson, and John Anderson Jackson, Ann Jackson, and Jane Jackson, all Infants out of the Jurisdiction, John Hopton Forbes, Administrator ad litem of Colin Anderson, the Younger, and of Jane Jarvis Anderson, both deceased, Matthew Hole, Administrator of the Plaintiffs deceased Infant Daughter Caroline Anderson, and His Majesty's Attorney-General
Defendants.

[88] Between george jackson, Plaintiff'; and sir. charles forbes, Baronetr thomas faulkner middleton, and caroline erskine, his Wife, and george jackson jackson, and john anderson jackson, ann jackson, and jane jackson, all Infants out of the Jurisdiction, john hopton forbes, Administrator ad litem of colin anderson, the Younger, and of jane jarvis anderson, both deceased, matthew hole, Administrator of the Plaintiffs deceased Infant Daughter caroline anderson, and His majesty's attorney-general,, Defendants. Eolls. Monday, July 13, 1829. Will. Construction. A testator, in the early part of his will, gave all his property amongst his four illegitimate children, a boy and three girls, subject to such regulations and legacies aa he should thereafter mention. He then says, "As the whole of this estate is to be equally divided amongst the before-mentioned four children, or the survivor of them, a regular division must be made of the estate when each comes of age, or is married; and the share of such person is not to be considered any longer as belonging to the public stock, but to the particular person so coming of age, if a boy; when the girls, or any one of them, come of age or get married, I hereby direct, that their shares may be so settled on themselves during their lives, and on their children, in equal proportions, after their deaths; that it will not be in the power of the husband, if so inclined, to injure either his wife or children." The testator then proceeds:-" Should it be the will of Almighty God to take one or more of these children unto Himself, the share or shares of such children dying without issue are to be equally divided amongst the survivors; but in case of issue, these children are to inherit the share of their parents amongst them equally; and in case they die without issue, it is to return for the benefit of the survivors: of those four children, or their families : upon the reversion of any sum to the public stock, the issue of a deceased child is to have the share which its parent would have had. Held, that the boy, on attaining twenty-one, took an absolute interest in his share. Held, that the daughters took for life, with remainder to their issue. Held, that on either daughter dying without issue, her share would go to the survivors-of the four children, in like manner as their original shares. Colin Anderson by his will, dated the 25th October 1802, disposed of his property TAMLTO89. JACKSON V. FORBES 37 as follows: " I desire that my house and grounds in the island of [89] Coolabah, together with my household furniture, horses, and liquors, may be sold at public outcry to the highest bidder, and the produce placed to the credit of my estate. On the 1st of January 1802 I shall have assets in India to the amount of 19,000 sterling, running on at interest with mercantile houses (therein mentioned); and I am entitled to a further division of prize money. There is one boy at home named Colin Ander son, born on or about the 25th October 1788, now at school at Glasgow, and boarded with Mr. John M'Arthur there. There is one girl in India, named Jane Jarvis Anderson (since deceased) born at Poondamalie, near Madras, on the 2d October 1797. There is one girl in India, born at Mangalore on the 21st September 1800, named Anne Nesbitt Anderson, the late wife of the Plaintiff. There is in India, born at Coolabah, on the (meaning the Defendant Caroline Erskine Anderson). To those children, or the survivors of them, and their heirs, I leave the whole of my property in equal divisions, subject to such regulations and legacies as I shall hereafter mention." The testator, then, after giving a legacy and an annuity to the mother of three of the children, and giving annuities to his father, mother, brother, and sisters, proceeds as follows:-"To provide for the legacies and the education of my children, my executors are hereby directed to place the whole of the estate securely at interest, either on landed property or in some public funds (those of the India Company, perhaps, as safe as any); but I leave the choice entirely to my executors, in whose regard for the interest of the children I have implicit confidence; and yearly, after the regular payment of the legacies and the expences of the children, any remaining balance is to be added to the principal, for the benefit of the whole. As the annuitants die, the principal producing such annuity is to revert to the common stock, for the benefit of the whole. [90] As the whole of this estate is to be equally divided amongst the before- mentioned four children, viz., Colin Anderson, junior, Jane Jarvis Anderson, Anne Nesbitt Anderson, and , or the survivor of them, a regular division must be made of the estate when each comes of age, or is married, and the share of such person is not to be considered any longer as belonging to the public stock, but to the particular person so coming of age, if a boy ; subject, however, to the control of my executors, their heirs, or assignees, for nine years more, when he will have arrived at years of discretion, if ever. When the girls, or any one of them, become of age, or get married, I hereby direct that their shares may be so settled on themselves during their lives, and on their children in equal proportions after...

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