Down v Worrall
| Jurisdiction | England & Wales |
| Judgment Date | 25 May 1833 |
| Date | 25 May 1833 |
| Court | High Court of Chancery |
English Reports Citation: 39 E.R. 793
HIGH COURT OF CHANCERY
See Titley v. Wolstenholme, 1844, 7 Beav., 433.
[561] down v. worrall. Bolh. May 25, 1833. ' [See Titley v. Wolstenholme, 1844, 7 Beav., 433.] A testator gave his residuary personal estate to the trustees named in his will, their executors, administrators, and assigns, upon trust to apply the same as he should appoint: and in default of appointment as to any part, he directed the trustees to aettle such part at their discretion, either for pious and charitable purposes, or otherwise for the benefit of the testator's sister and her children. Held, that thia was a personal trust, which a representative of the surviving trustee could not execute, and that a sum which remained at the decease of the surviving trustee, and which had not been applied either to charitable purposes, or for the benefit of the testator's sister and her children, was undisposed of, and belonged to the testator's next of kin. The testator, James Pell, disposed of his residuary personal estate in the following words :-"And as to all the surplus or residue of my monies, stocks, funds and other personal estate and effects, other than leases for years or monies to arise therefrom, I give and bequeath the same to my trustees and executors, John Worrall and Sarah Worrall, their executors, administrators, and assigns ; but nevertheless upon the trust, and to and for the intent that they shall and do pay, and apply the same to and for such intents and purposes, and in such manner as I shall at any time during my life by any codicil or codicils to this my last will and testament, or by any note or memorandum in writing under my hand, or in any other handwriting, whether signed by me or otherwise, order, direct, or appoint, of or concerning the same; and in default of my leaving any such order, direction, or appointment, as aforesaid, as to any part of my residuary estate, I leave it to my said trustees to settle such part thereof, either to or for charitable or pious purposes, at their discretion, or otherwise 794 ALSOP V. LORD OXFORD 1 MY. & K. M2. for the separate benefit of my sister, independent of her husband, and all or any of her children, in such manner as my said trustees shall think fit, and so that my said brother-in-law shall have no interest whatsoever therein." The testator died without making any appointment of his residuary estate '; and after his death his trustees and [662] executors...
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