Harding v Glyn
| Jurisdiction | England & Wales |
| Judgment Date | 07 June 1739 |
| Date | 07 June 1739 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 299
HIGH COURT OF CHANCERY
S. C. 2 Wh. & T. L. C. (7th. ed.) 335. See Brown v. Higgs, 1803, 5 Ves. Jun. 501; 8 Ves. Jun. 570. Distinguished, In re Bond, Cole v. Hawes, 1876. 4 Ch. D. 239. See Wilson v. Duguid, 1883, 24 Ch. D. 249.
[469] Case 221.-harding v. glyn. June the 1th, 1739. [S. C. 2 Wh. & T. L. C. (7th. ed.) 335. See Brown v. Higgs, 1803, 5 Yes. Jun. 501; 8 Ves. Jun. 570. Distinguished, In re Bond, Cole v. Hawes, 1876, 4 Ch. D. 239. See Wilson v. Duguid, 1883, 24 Ch. D. 249.] N. H. by will gives to Elisabeth his wife all his estate, leases and interest in his house in Hatton Garden, and all the goods and furniture therein at the time of his death, and also all his plate, jewels, &c., but desired her, at or before her death, to give such leases, &c., unto such of his own relations as she should think most deserving. Elizabeth, by her will, gave all her estate and interest to H. S. in the said house in Hatton Garden, and after several legacies, the residue of her personal estate to the defendant and two other persons, and made them executors ; but neither gave, at or before her death, the goods in the said house, or her husband's jewels to his relations. The Master of the Rolls was of opinion that Elizabeth, under the will of N. H. took only beneficially during her life, and that so much of the houshold goods in Hatton Garden, not disposed of by her according to the power given her by the will of N. H. in case the same remains in specie, or the value thereof, ought to be divided equally among such of the rel .tions as were his next of kin at the time of her death.(l) Nicholas Harding in 1701 made his will, and thereby gave " To Elizabeth his wife " all his estate, leases, and interest in his house in Hatton Garden, and all the goods, " furniture, and chattels therein at the time of his death, and also all his plate, liren, " jewels, and other wearing apparel, but did desire her at or before her death, to girt such " leases, house, furniture, goods and chattels, plate and jewels, unto and amongst such of " his own relations, as she should think most deserving and approve of," and made his wife executrix, and died the 23d of January 1736, without issue. Elizabeth his widow made her will on the 12th of June 1737, " and thereby gave " all her estate, right, title, and interest to Henry Swindell in the house in Hattcn " Garden, which her husband had bequeathed to her in manner aforesaid ; and after...
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McPhail v Doulton, sub nom Re Baden's Deed Trusts (No 1)
...discharge it, the Court will, to a certain extent, discharge the duty in his room and place. To support this, he cites Harding v. Glyn (1739 1 Atk. 469) an early case where the Court executed a discretionary trust for "relations" by distributing to the next of 65I dwell for a moment upon th......
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McPhail v Doulton, sub nom Re Baden's Deed Trusts (No 1)
...discharge it, the Court will, to a certain extent, discharge the duty in his room and place. To support this, he cites Harding v. Glyn (1739 1 Atk. 469) an early case where the Court executed a discretionary trust for "relations" by distributing to the next of 65I dwell for a moment upon th......
- Briggs v Penny
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Baden's Deed Trusts (No. 2) Re
...where prior to the time of Sir Richard Arden a discretionary trust had been executed otherwise than by equal division. Harding -v- Glyn (1 Atk. p.469), he said, was an early case where the court treated a discretionarytrust for "relations" – and it is a discretionary trust for relations tha......