Parker v Clarke
| Jurisdiction | England & Wales |
| Judgment Date | 14 December 1855 |
| Date | 14 December 1855 |
| Court | High Court of Chancery |
English Reports Citation: 43 E.R. 1169
BEFORE THE LORD CHANCELLOR LORD CRANWORTH.
S. C. 3 Sm. & G. 161; 3 W. R. 471; 2 Jur. N. S. 335. Cf. Coldough v. Coldough, 1870, 4 Ir. Rep. Eq. 263.
[104] parker v. clarke. Before the Lord Chancellor Lord Cranworth. Dec. 14, 1855. [S. C. 3 Sm. & G. 161 ; 3 W. E. 471 ; 2 Jur. N. S. 335. Cf. Coldourjh v. Coldour/h, 1870, 4 Ir. Rep. Eq. 263.] A testatrix devised her real estates to trustees in trust as to the rents, issues and profits thereof for all and every the children now or hereafter to be born of my 1170 PAEKER V. CLARKE a DE 0. M. & 0.105. niece, M, C., who shall be living at my decease, during their lives, in equal shares, and for the survivors and survivor of them for life, &c., and after the decease of the survivor " in trust for all the lawful issue male and female of such of the children of my niece now or hereafter to be born, as shall be living at my decease, in equal shares and proportions as tenants in common and not as joint tenants, and the heirs of the body and respective bodies of all and every the issue of the said children, and on the death and failure of heirs of the body of any one or more of the issues of the said children," &c., in trust for the survivors, &c. At the testatrix's death her niece had two daughters, one of whom was married and had issue five children. Held, that the daughters of the niece took estates for life only, with remainder to their issue as purchasers. Mary Robinson, by her will, dated the 3d October 1833, gave and devised her freehold estates in the county of York unto Thomas Clarke and John Wightman, their heirs, executors, administrators and assigns, upon trust, as to the rents, issues and profits thereof "for all and every the children now or hereafter to be born of my niece Mary Carr, the wife of John Carr, of Carr Lodge, near Wakefield, esquire, by her present or any after taken 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, 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 lives of the survivors and 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 trustees shall in their discretion think expedient, in the purchase or purchases of any lands, tenements or hereditaments in the county of York, which they my said trustees may think eligible, and which I direct shall be [105] conveyed to the trustees, in trust, as to the rents, issues and profits thereof for the said children of my said niece during their lives, and for the survivors and survivor of them during their, his or her lives or life; and from and...
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