Crockett v Crockett
| Jurisdiction | England & Wales |
| Judgment Date | 21 March 1842 |
| Date | 21 March 1842 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 1109
HIGH COURT OF CHANCERY
S. C. on appeal, 2 Ph. 553; 41 E. R. 1057 (with note, to which add Hicks v. Ross, 1872, L. R. 14 Eq. 147).
[451] crockett v. crockett. March 17, 21, 1842. [S. C. on appeal, 2 Ph. 553; 41 E. E. 1057 (with note, to which add Hicks v. Boss, 1872, L. E. 14 Eq. 147).] The testator directed that all and every part of his property should be at the disposal of his wife for herself and her children. The widow took out administration to the testator's estate, and executed a voluntary deed, whereby she settled the greater part of the fund of which the estate consisted upon trust for herself for life, with remainder to her children. Held, that under the will the children took an interest in possession in the property of the testator at his decease, and that the settlement was not binding upon them, and consequently was not binding upon the widow. And, the mother maintaining and educating the children in a proper manner, the whole of the income of the residuary estate was ordered to be paid to her during the infancy of the children, or until further order, with liberty to her and her children to apply. J. Crockett, by his will,.dated Macao, 15th March 1831, directed "that all and every part of his property should be at the disposal of his most true and lawful wife, Caroline Crockett, for herself and her children, in the event of any unforeseen accident happening to himself;" and he recommended the arrangement of all his affairs to the management of his friend, J. Gower. ò The testator died at Macao on the 25th of June 1837, and administration of his estate, with his will annexed, was granted by the proper authorities at Macao to his widow, Caroline Crockett, the Defendant. Five children of testator survived him, three of whom were living at the date of his will. The widow was advised that under the will she was absolutely entitled to the whole of the testator's property to her own use; and she executed a voluntary deed, dated the 30th of September 1837, directing that £15,000, part of the testator's estate, should be remitted to this country; and by the same instrument she settled that sum upon trust for herself for life, if she should so long remain unmarried, and after her death or marriage, upon trust for the five children of the testator. One of the children afterwards died. The bill was filed by the four surviving children against the widow arid administratrix for an...
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