Parker v Clark
| Jurisdiction | England & Wales |
| Judgment Date | 26 May 1855 |
| Date | 26 May 1855 |
| Court | High Court of Chancery |
English Reports Citation: 65 E.R. 607
HIGH COURT OF CHANCERY
Affirmed, 6 De G. M. & G. 104; 43 E. R. 1169 (with note).
3 SM. & GIFF. 161. PARKER V. CLARK 607 [161] parker v. clark. May 26, 1855. [Affirmed, 6 De G. M. & G. 104; 43 E. E. 1169 (with note).] 1. Devise to trustees " upon trust for the children of her niece during their lives, and, after the decease of the survivor, then for all and every the lawful issue male and female of such of the children of her niece as should be living at her decease, as tenants in common, and the heirs of the body of all and every of the issue of the said children; and on the death and failure of heirs of the body of any one or more of the issue of the said children, as well the original as the accrued share of him so dying and of whom there shall be such shall be in trust for the survivors or survivor of them as tenants in common, and for the heirs of the body of such surviving issue." Held, that the rule in Shelley's case did not apply, and that the children of the testatrix' niece took estates for life only, with remainder to their "issue" as purchasers. 2. Superadded words following " issue," or other words having no technically-defined meaning, tend mbre strongly to shew an intention that they should take as purchasers than when superadded to words having a technically-defined meaning- such as the words "heirs" or "heirs of the body." Mary Eobinson, by her will, bearing date the 3d October, made the following disposition:- I give and devise my freehold estates, farms, lands, &c., &c., at Kilpin, Skelton, Ricall, East and West Cottingwell, and Cliff, with land in the county of York, together with the appurtenances thereunto belonging, unto Thomas Clark, of Knedlington, John Wightman, of Cawood, and James Andus, of Selby, their heirs, executors, administrators and assigns, upon the trusts hereinafter expressed and declared concerning the same, that is to say, upon trust, as to the rents, issues, and profits of the said farms, land, and tenements, for all and every the children, now or or hereafter to be born of my niece, Mary Carr, the wife of John Carr, of Carr Lodge, near Wakefield, by her present or any aftertaken husband, who shall be living at my decease, during their respective natural lives, in equal shares, and for the survivors and survivor of them during their, his, or her lives or life; and I direct that the rents and profits of the said estates shall be retained by the said trustees, and invested so as to accumulate at interest, for the term of twenty-one years after my decease, [162] and that, after the determination of that period, the rents and profits, afterwards accruing, shall be for the equal benefit of the said children, during their lives and the life of the survivor of them; and, as to the said accumulated fund, at the expiration of the said term of twenty-one years, I direct that the same shall be laid out and applied at such time or times as the said...
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Parker v Clarke
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