Merlin v Blagrave
| Jurisdiction | England & Wales |
| Judgment Date | 25 February 1858 |
| Date | 25 February 1858 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 584
ROLLS COURT
[125] merlin v. blacirave. Feb. 16, 25, 1858. A testator devised his estates to trustees, in trust, after A. C.'s decease, " in case she should have only one child which should survive her," to pay £200 a year for hia maintenance until he should attain twenty-five ; and from and after such only child should attain that age, to raise £10,000, and pay the same to him at that age. Or in case A. C. should, "at her decease, have two or more children," then to raise an annuity for their maintenance " until they should respectively attain twenty-five, and when they respectively attained that age, to pay each an equal share of the £10,000." The Plaintiff was en ventre sa mere at the testator's death, and was the only child of A. C. who survived her. Held, that the bequest of the £10,000 was too remote. Costs out of the estate directed to be paid to the Plaintiff who wholly failed in her suit, the trustee, who was a Defendant, having asked for a declaration as to the construction of the will. The testator John Blagrave, by his will, dated the 6th of November 1787, devised to two trustees and their heirs, all his real estate whatsoever and wheresoever, in trust to pay, out the rents and profits of all his freehold estates, and out of the rents and profits of his leasehold estates in Reading, unto his sister-in-law Mrs. Frances Blagrave, during her life, an annuity of £100; and thereout also to pay unto his niece Anne Culluni (then the wife of the Reverend James Cullum, clerk), during the joint lives of her and Frances Blagrave, an annuity of £300, and after the [126] decease of Frances Blagrave, widow, if Anne Cullum should survive her, then to pay unto Anne Cullum an annuity of £400. And from and after the decease of Anne Cullum, in case site shoukl ham only one child which should survive her, then in trust to pay, out of the rents and profits of his said estates, the clear yearly sum of £200 for the maintenance, support, and education of such only child, until he or she should attain the age of twenty-Jive years, and from and after such only child should have attained that age, then in trust, by the ways and means thereinafter mentioned, to levy and raise the sum of £10,000, and pay the same to him or her at that age, for his or her portion or fortune. Or in case the said Anne Cullum should, at her decease, have two or more children which should survive her, then in trust, out of the rents of his freehold estates, and of his leasehold estates in Reading, to pay the clear yearly sum of £400 for the maintenance, clothing, and education of such two or more children until they should respectively attain the age of twenty-five years, M BEAV. U7. MERLIN V. BLAGBAVE 585 each child having an equal part thereof applied for his and her benefit, and when and as they should respectively attain that age, in trust to pay unto each of them an equal share or part of the principal sum of £10,000, to be levied and raised in manner thereinafter mentioned. Or in case the said Anne Cullum should at her decease have two or more children, and they should, by death, be reduced to one, before they should respectively attain the age of twenty-five years, then such one child should, from that time, have only £200 per annum raised for him or her, until he or she should attain the age of twenty-five years, and at that age such only child should have the principal sum of .£10,000, levied and raised in manner thereinafter mentioned, which should be then paid to him or her for his or her portion or fortune ; or in case the said Anne Cullum should [127] leave no child or children, or having such, and neither of them should survive her and live to attain the age of twenty-five years, then his will was that the said £10,000 or any part thereof should not be raised, but should sink into his freehold and personal estates charged with the payment thereof. And the testator's will further was that James Cullum and Anne his wife should, within three months after his decease, release and discharge John Blagrave-and his wife from all money, benefit, and advantage whatsoever which Anne Cullum might be entitled to under the marriage articles entered into by her sister Frances-and her husband prior to their marriage. And in case they should refuse that then only the annuity of £300 should be raised by bis trustees for Anne Cullum and her children, out of which £100 should be paid to Frances Blagrave during her life, in manner aforesaid, and that the remaining £100 of the annuity of £400 should sink into his estates chargeable therewith ; and in that case only £8000 should be levied and raised for the benefit of the child or children of Anne Cullum, in manner thereinbefore directed, and that the remaining £2000 should sink into his estates. The testator died some time in the month of November 1787. There were issue of the said James Cullum and Anne his wife two children only and no more, that is to say, the Plaintiff Ann Merlin, formerly Cullum, who was en venire so, mkre at the testator's death, and was born on the 3d day of July 178S, and Arethusa Galatea Cullum, who was born on the 13th day of June 1790, and died in the lifetime of the said Anne Cullum, on the 2d of October 1812. Ann Cullum survived her husband, and died in January 1856, aged 91, and the...
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...latter doctrine was expressly applied in the case of Lord Southampton v. Lord Hertford (2 Ves. and Bea. 54; see also Merlin v. Blagrave, 25 Beav. 125). There it was held that a trust, being void in its creation, was incapable of modification, so as to establish it to the extent to which it ......
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