Dodd v Wake
| Jurisdiction | England & Wales |
| Judgment Date | 30 January 1852 |
| Date | 30 January 1852 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 1092
HIGH COURT OF CHANCERY
S. C. 21 L. J. Ch. 356; 16 Jur. 776.
[226] dodd v. wake. Jan. 30, 1852. [S. C. 21 L. J. Ch. 356; 16 JUr. 776.] The income of a large sum of stock in Court was payable to a married lady, aged sixty-five, on her sole receipt, for life, without power of anticipation, with remainder to her husband for life; and, subject thereto, the stock was divisible among their three sons, all of whom were of age. Upon the petition of one of the three sons,, and on the consent of the father and of the other two sons, and of the mother (so. far as she could consent), the Court ordered that a part of the stock should be sold and the produce paid to the Petitioner; and that a further sum of stock, sufficient to purchase a Government annuity during the life of the mother equivalent to the-income of the sum of stock to be given to the son and of the price of such annuity, should be invested in the purchase of the annuity; and the Court declared the trusts of the annuity to be for the mother for life, on her sole receipt, without power of anticipation ; and that the trusts of the dividends of the balance remaining, of the trust fund should thenceforth be in like manner for the mother for life, on, her sole account, without power of anticipation. John Dodd, the testator in this cause, bequeathed his residuary personal property to trustees, upon trust, to pay the income to his daughter, Mrs. Wake, for her separate use for life, without any power of anticipation ; and, after her decease, to her husband, in case he should survive her; and after the decease of the survivor of them, to his daughter's children in the usual way, to become vested interests in them at their respective ages of twenty-one years; but the will contained no power of advancement for the benefit of the children. Mr. and Mrs. Wake were alive, and three children only lived to attain the age of twenty-one years, and became entitled to vested interests in remainder in the trust- 5 DE G. & SM. 227. IN RE KIRBY's TRUST 1093 funds after the death of the survivor of Mr. and Mrs. Wake, the latter of whom had attained the sixty-fifth year of her age. The residue of the testator's personal estate consisted of 29,288, 10s. 7d. consols in the bank, standing in the name of the Accountant-General to the credit of the cause. Mr. J. A. D. Wake, one of the children of Mrs. Wake, and one of the Defendants in the cause, now presented his petition, by...
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Agassiz v Squire
...cited Lee v. Fernie (1 Beav. 483); Salmon v. Gibbs (3 De G. & Sm. 343); Lady Cavan v. Pulteney (2 Ves. jun. 544); Dodd v. Wake (5 De G. & Sm. 226). Mr. Drewry, for the trustees of policy monies. Mr. Sparling, for Mr. Agassiz. Mr. Craig and Mr. C. C. Barber, for the children of George B. Sta......