Ex parte Chambers, Chambers
| Jurisdiction | England & Wales |
| Judgment Date | 18 June 1829 |
| Date | 18 June 1829 |
| Court | High Court of Chancery |
English Reports Citation: 39 E.R. 221
HIGH COURT OF CHANCERY
[577] Exi arte chambers, in the Matter of chambers. L. C., June, 18, 1829. Order made upon petition that executors should be at liberty to apply certain small sums, part of the capital of the residuary shares bequeathed by a father to his infant children, towards their maintenance, education and advancement, though the shares did not vest till the children came of age. This was the petition of Frances Ann Chambers, Elizabeth Chambers, Charlotte M. Chambers, Emma Chambers, and Robert W. Chambers, who were the infant -222 EX PARTE CHAMBERS 1 RUSS. & M. 578. -children of John Chambers, deceased, and were of the respective ages of seventeen, ; sixteen, fifteen, fourteen, and eleven years. The will of John Chambers of Ortoii, farmer, charged certain real estates (thereby ^devised to his son Andrew) with a legacy of 150 to his son, the Petitioner, Robert W. Chambers, and with legacies of 100 each to the other Petitioners, his daughters, which sums were to be paid to them respectively on their severally /attaining the age of twenty-one, or being married with the consent and approbation of his executors, which ever should firat happen. The testator further charged the devised estates with the payment of interest at 4 per cent, upon each of the afore-, aaid sums from the time of his decease until they should become payable; and he .directed the interest to be applied in the meantime towards the maintenance, .education, and bringing up of the several parties entitled to the principal money. All the rest and residue of his personal estate he gave to two trustees (whom he :also named his executors and the guardians of his children), upon trust for his infant -children, the Petitioners, at twenty-one, or marriage with such consent as aforesaid, with benefit of survivorship and accruer, and he directed that their respective shares -of such residue, which, in the case of the daughters, were [578] to be one-third less .than that allotted to the son, should be laid out and remain at interest till they became severally payable, and should be subject to the like proviso with respect to the application of the interest in the meanwhile, as the will declared relative to the charges upon the devised estates. The will then contained the following clause :- " And I hereby give full power and authority to my said executors and trustees, from time to time, to advance such sum...
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