Goring v Howard
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1848 |
| Date | 01 January 1848 |
| Court | High Court of Chancery |
English Reports Citation: 60 E.R. 926
HIGH COURT OF CHANCERY
S. C. 18 L. J. Ch. 105.
Remoteness. Will. Construction. Substituted Bequest.
[395] goring . howard. Nov. 17, 18, Dec. 18, 1848. [S. C. 18 L. J. Ch. 105.] Remoteness. Will. Construction. Substituted Bequest. Testator gave the residue of his personal estate to trustees, in trust to pay the income for the maintenance and education of his grandson, George Goring, and such other grandchildren, the children of his son, George Goring, during their lives or life; and after the decease of any or either of his said grandchildren, to pay the share of the income of any or either of them so dying, unto their, his or her isaue, if any, 16 SIM. 316. GOBIKG V. HOWABD 927 until he, she or they respectively attained the age of twenty-Jive years, and then to pay, transfer and equally divide their parent's share of the residue between them, if more than one, and if but one, then the whole to such one child absolutely. And in case either of his grandchildren by his son George should die without leaving lawful issue, at the time of his or her decease, and without having obtained a vested interest, he directed that the share or shares of him, her or them so dying should go to the survivors or survivor of them, upon the same trusts as were thereinbefore declared, and to be payable and transferable as thereinbefore mentioned. George Goring, the grandson, died a bachelor; leaving three brothers and a sister surviving him. Held, that they were entitled to their deceased brother's share of the income for their lives : because, though the first gift was too remote, the subsequent one was intended to take effect, not by way of remainder, but by way of substitution. George Forbes Goring, the testator in the cause, by his will, dated the 24th July 1823, gave to B. Howard and James Smale all his personal estate whatsoever and wheresoever, upon trust to convert the same into money, and invest the proceeds in the public funds, and to pay the interest, dividends and annual produce of the sum of 1000 New 4 per cent. Bank annuities, "for and towards the maintenance of my grandson, George Goring, during his natural life; and after the decease of my grandson, the said George Goring, to [396] pay the interest of the said sum of 1000 unto his issue, if any, lawfully begotten, until he, she or they attain the age of twenty-five years, and then to pay, transfer and equally divide the said sum of 1000 New 4 per cent. Bank annuities between them, if more than one, and if only one, then the whole to go to such only child ; and for want of such issue, then I direct that the interest of the said sum of 1000 New 4 per cent. Bank annuities shall be paid unto such other child or children of my said son, George Goring, equally during his, her or their natural life or lives, as shall be then living; and after the decease of any or either of my said grandchildren, to pay the interest of the said sum of 1000 New 4 per cent. Bank annuities unto his, her and their issue, until he, she or they severally attain the age of twenty-five years (such issue taking only their parent's share); and as they respectively attain the age of twenty-five years, to pay, transfer and equally divide the said sum of 1000 New 4 per cent. Bank annuities between them, if more than one, and if but one, then the whole to such one...
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