Doyne v Cartwright
| Jurisdiction | England & Wales |
| Judgment Date | 14 November 1844 |
| Date | 14 November 1844 |
| Court | High Court of Chancery |
English Reports Citation: 63 E.R. 509
HIGH COURT OF CHANCERY
[482] doyne v. cartwright. Nat . 12, 14, 1844. Testator gave certain fee-farm rents and stock in the funds to trustees, upon trust to pay the annual produce and dividends to his two nieces, M. and N., for their lives and the life of the survivor; and after the decease of the survivor of them unmarried, to convey or transfer the rents and the stock to the children of B.; with a proviso, however, that, if his nieces, or either of them, should marry, the trustees should have power to settle the share of the party marrying for her benefit and that of her husband and children; and that, in the event of a marriage and children of the marriage who should attain twenty-one (but not otherwise), the limitations over in favour of B.'s children should be void. And the testator gave the residue of his property to M. and N. absolutely. M. and N. both married, but had no children, and their settlements, provided that, in the event of their having no children, the persons interested under the will should take. Held, that the children of B. were entitled. Testator gave certain real and personal property to trustees, upon trust to pay the annual income to his two nieces, in equal moieties, during their lives; and, after the death of either of them unmarried, then upon trust to pay the whole income to the survivor during her life. Upon the death of one of the nieces who had married. Held, upon the construction of the entire will, that the survivor was entitled to the whole income for her life. James Bridges, by his will, dated the 2d May 1789, gave and devised his fee-farm rents, amounting to £63 per annum, payable out of certain estates in Northamptonshire, and also his rent-charge of £50, payable out of certain estates in Gloucestershire, and also a sum of £3000 stock, and all other his stock in the funds which might be standing in his name at his death, to trustees, their heirs, executors and administrators, upon trust to pay and apply the said fee-farm rents and rent-charge, and the dividends of the stock, unto his, the testator's, two nieces, Annabella Kearney and Susanna Kearney, in equal moieties, share and share alike, for and during the term of their joint natural lives, subject nevertheless to the proviso or condition thereinafter contained, in case they, his said nieces, or either of them, should happen to marry as after mentioned; and, after the death of either of them, his said nieces, unmarried, then upon trust to pay the whole of the said fee-farm rents and rent-charges, interest and dividends and annual produce unto the survivor of them, his said nieces, during 510 DOYNE V. CARTWEIGHT 1 COLL. 483. the term of the natural life of such survivor; and, after...
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