Buttanshaw v Martin
| Jurisdiction | England & Wales |
| Judgment Date | 12 March 1859 |
| Date | 12 March 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 351
HIGH COURT OF CHANCERY
S. C. 5 Jur. (N. S.) 647.
Fines and Recoveries Abolition Act. 3 & 4 Will. 4, c. 74, ss. 31, 34, 36. Protector to a Settlement. Trustees
[89] buttanshaw v. martin. March 1, 2, 12, 1859. [S. C. 5 Jur. (N. S.) 647.] Fines and Recoveries Abolition Act. 3 & 4 Will. 4, c. 74, ss. 31, 34, 36. Protector to a Settlement. Trustees. A bare trustee, who, under the 31st section of the Fines and Recoveries Abolition Act (3 & 4 Will. 4, c. 74), is protector of a settlement, can insist on retaining the legal estate, only so long as the purposes of the trust exist-that is, so long as, according to the rules of this Court, he is required to be a trustee. Therefore, where there was a devise of lands to trustees upon trust for testator's daughter during her life, for her separate use, without power of anticipation, with remainder to the use of her children as tenants in common in tail, with remainders over: Held, that testator's daughter, having become discoverte and being sui juris, could compel a conveyance by the trustees of their legal estate. As to the right of the trustees to retain money bequeathed to them by the will, and directed to be invested in the purchase of other lands, to be settled to the same uses. Thomas Taylor died in '1820, having, by his will, in that year devised certain lands in the county of Kent, of which he was seised in fee, to Fry, Knowles, Martin and Fry the younger, and their heirs, to the use of Fry, Knowles, Martin and Fry the younger, their heirs and assigns, during the life of his daughter, the Plaintiff, Ann Buttanshaw (then Ann Edmeades, the wife of Robert Edmeades, since deceased), upon trust to pay the rents to her during her life, for her separate use, without power of anticipation, with remainder to the use of her children as tenants in common in tail; and if but one child, to the [90] use of such only child in tail; with remainder to the use of the said Fry, Knowles, Martin and Fry the younger, during the life of his daughter, Elizabeth Golding, upon like trusts for her separate use during her life, with remainder to the use of her children as tenants in common in tail; and if but one child, to the use of such only child in tail; with remainder to the use of his wife for life, with remainder to the use of certain nephews and nieces of the testator as tenants in common in fee. The testator then by his will bequeathed to the same trustees the sum of 17,600 upon trust...
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