Gosling v Gosling
| Jurisdiction | England & Wales |
| Judgment Date | 01 March 1859 |
| Date | 01 March 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 423
HIGH COURT OF CHANCERY
S. C. 5 Jur. (N. S.) 910. See In re Parry, 1889, 60 L. T. 490; In re Johnston [1894], 3 Ch. 208; Harbin v. Masterman [1894], 2 Ch. 188; (sub nom. Wharton v. Master-man) [1895], A. C. 192.
Will. Construction. Vesting. Accumulation till Twenty - five. Practice. Declaratory Decree. Reversionary Interests. 13 & 14 Viet. c. 35. Special Case. 15 & 16 Vict c. 86.
[265] gosling v. gosling. March 1, *t859. [S. C. 5 Jur. (N. S.)' 91,0. See In re Parry, 1889, 60 L. T. 490 ; In re Johnston [1894], 3 Ch. 208; Harbin v. Masterman [1894], 2 Ch. 188; (sub nom. Whartm v. Master-man) [1895], A. C. 192.] Will. Construction. Vesting. Accumulation till Twenty-five. Practice. Declaratory Decree. Reversionary Interests. 13 & 14 Viet. c. 35. Special Case. 15 & 16 Viet, c. 86. Unless there is in a will, or some codicil thereto, a clear indication of an intention on the part of the testator, not only that his devisees are not to have the enjoyment of the property he has devised until they attain twenty-five, but that some other person is to have that enjoyment; or unless the property is so clearly taken away from the devisees, up to the time of their attaining twenty-five, as to induce the Court to hold that, as to. the previous rents and profits, there has been an intestacy, the Court does not hesitate to strike out of the will any direction that the devisees shall not enjoy it in full until they attain the age of twenty-five years. Expressions in a codicil of testator's desire that real and personal property given by his will should not be enjoyed by any of the successive devisees till twenty-five, and direction to accumulate in the meantime : Held, inoperative, there being no gift over. This Court has no power, either under Sir George Turner's Act (13 & 14 Viet. c. 35), Or under the Chancery.Amendment Act (15 & 16 Viet. c. 86), to make a declaration, in the lifetime of the.tenant for life, with regard to the interests of parties entitled in reversion, unless it shall be necessary to do so for the administration of an estate, or in order to grant the Plaintiff the relief to which he is entitled. A special case. Bennett Gosling, late of Fleet Street, banker, deceased, by his will in 1844, directed that the right to succeed him, and become in his place partner in the bank, should be offered to the Plaintiff, Ellis Gosling, in the will described as the second son of the testator's [266] brother Robert; and in case he should refuse or neglect to accept such offer in the manner and within the period thereinafter appointed, then the testator directed that the like offer should be made in succession to the third and every other younger son in succession of his said brother Robert, who should be born in the testator's lifetime, or in due time after his decease, in the order and according to the priority therein mentioned. And in ease none of them, the said second and younger sons of his said brother Robert, should accept the said offer, the testator directed the like offer should be made in succession to the first and every other son in succession of his .brother Thomas, who should be born in the testator's lifetime, or in 424 GOSLING V. GOSLING JOHNS. 267. due time after his death, who at his death should not be a partner in the said bank. And the testator thereby directed that the acceptance of such offer should be signified to the trustees of his will, and should contain a pledge or promise on the acceptor's part, that, except prevented by ill-health, a general winding up of the business of the bank, or some other reason to be deemed sufficient by the trustees, the person so accepting would continue a partner in the bank for the space of four years, at the least, from the time of such acceptance, to be delivered to the trustees within two months after the testator's decease, or within two months after such of the said persons as should not then be of the age of twenty-one years should attain that age. And the testator, by his will, bequeathed the sum of 50,000 to trustees, upon trust, to invest in the purchase of lands and hereditaments in England in fee-simple, with a mansion-house thereon ; and he directed that such lands and...
To continue reading
Request your trial
-
Name Index
...Molenda, Francis--615 Moler, Elizabeth A.--253 Molitoris, Jolene M.--409 Molldrem, Vivikka M.--704 Molzahn, William P.--208 Monahan, John--265 Monderer, Michael--443 Moneck, Michael A.--553 Money, Arthur L.--174, 185 Moneymaker, P.D.--211 Mongini, Arrigo--409, 410 Monie, Russell D.--533 Mon......