Harrison v Grimwood
| Jurisdiction | England & Wales |
| Judgment Date | 03 August 1849 |
| Date | 03 August 1849 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 1033
ROLLS COURT
S. C. 18 L. J. Ch. 485; 13 Jur. 864. See Locke v. Lamb, 1867, L. R. 4 Eq. 379; Fox v. Fox, 1875, L. R. 19 Eq. 290.
[192] harbison . grimwood. July 30, August 3, 1849. [S. C. 18 L. J. Ch. 485 ; 13 Jur. 864. See Locke v. Lamb, 1867, L. R. 4 Eq. 379 ; Fox v. Fox, 1875, L. R. 19 Eq. 290.] Construction of a bequest in the form of a direction to " pay, apply, and divide " amongst children " when and as " they should severally attain twenty-six. A testator directed his trustees to pay and apply the interest of his residuary estate to his daughter for life, for the support of herself and issue ; and, after her decease, to " pay, apply, and divide the principal " amongst all her children, " when and as " they should attain twenty-six. There was a trust for maintenance during minority, and a power of advancement not so restricted. Held, that the children took immediate vested interests, and that the gift was not too remote. In this case the testator John Nunn Grimwood directed his residuary estate to be converted into money and invested at interest, upon trust that the trustees should, as the interest became due, pay and [193] apply one-third part of it to his daughter for life, " for the support of herself and what issue she might have," and after her decease, " upon trust to pay, apply, and divide one-third part of the said principal trust monies unto and among all and every " her children " when and as they should severally and respectively attain the age of twenty-six years ; " with benefit of survivorship, if any should die under twenty-six years of age without issue. And if, at the time of his daughter's decease, any of her children should be under twenty-one years of age, upon trust to place and put out the principal share or shares of such child or children, so under age, upon Government or real securities, and during the minority of such child or children, pay, apply, and dispose of the interest and proceeds, or a competent part thereof, in, for, and towards the maintenance and education of such child or children. And the testator empowered his trustees and executors, if they thought proper and that it would be for the benefit of any of the children, to apply such part of the share of such child or children, as they should think necessary, in putting out apprentice or otherwise in advancing such child or children in the world. And in case his daughter should die without leaving any child, or leaving only children who should die under the age of twenty-six years without issue, he directed that the principal trust monies so given to her so dying and to her issue, and all accumulations of interest thereof should go over, as in the will mentioned. The suit was instituted for the administration of the estate, and, the tenant for life being dead, the question [194] now raised was, whether the gift in the form of a direction to pay when the children attained twenty-six, was or was not...
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