Peacocke v Pares
| Jurisdiction | England & Wales |
| Judgment Date | 20 July 1838 |
| Date | 20 July 1838 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 794
ROLLS COURT
S. C. 6 L. J. Ch. (N. S.), 375; 1 Jur. 575. Disapproved, Macoubrey v. Jones, 1856, 2 K. & J. 684. See Reid v. Hoare, 1884, 26 Ch. D. 367.
[689] peacocks v. pares. July 4, 20, 1838. [S. C. 6 L. J. Ch. (N. S.), 375; 1 Jur. 575. Disapproved, Macauhrey v. Jones, 1856, 2 K. & J. 684. See Reid v. Hoare, 1884, 26 Ch. D. 367.] Construction of a clause of accruer " in case of any younger son becoming an eldest or only son." An estate was limited to A. for life, with remainder to his first and other sons in tail; and a term was created, for raising portions for younger children, to be interests vested in sons at twenty-one, but payable after the death of A. ; and it was provided, that in case any of the younger sons should become an eldest or only son, his portion should accrue to the other children. A. had two sons, B. and C., and one daughter; B. attained twenty-one, suffered a recovery, whereby he destroyed C.'s estate in remainder: B. died in 1807, leaving C., an infant, to whom he devised the estate for his life. A. died in 1833. Held, that C. was not entitled to participate in the portion. By this suit, the Plaintiff, Amelia Peacocke, claimed, under the settlement made on the marriage of her father Sir Thomas Hussey Apreece deceased, to be entitled to a portion of £6000, to be raised out of the estates comprised in that settlement, by means of a term of 500 years vested in the Defendants Pares, and Samuel and Thomas Miles. The Defendant Sir Thomas George Apreece was now, under another title, tenant for life of these estates, subject to the term ; and he admitted that the Plaintiff, 2ZBEN6SO. PEACOCKS V. PARES 795 Mrs. Peacocke, was entitled to a portion of £4000, but insisted that she was not entitled to £6000. By the marriage settlement dated in 1771 the estates were limited to Sir Thomas Hussey Apreece for life; with remainder to trustees to preserve contingent remainders; with remainder to trustees for a term of ninety-nine years, to secure a jointure to his wife; with remainder to the trustees for a term of 500 years ; with remainder to the first and other sons of the marriage in tail male ; with remainders over ; and it was declared, that the estates were vested in the trustees for 500 years, on trust, in case there should be any child or children of the said Thomas Hussey Apreece, by the said Dorothea Ashby (other than and besides an eldest or only son), then the said two trustees should raise and levy, such sum and sums of money, for the portion and portions of all and every such child and children (other than and besides an eldest or only son), as were thereinafter mentioned (that is [690] to say); in case there should be but one such child, then the sum of £6000 for the portion of such one child; to be paid at such times, and in such manner as the said Thomas Hussey Apreece should in manner therein mentioned appoint; and in default of such appointment, to be paid to, and in such case, to be an interest vested in such child, being a son, at his age of twenty-one years, and being a daughter, at her age of twenty-one years or day of marriage, which should first happen ; and in case there should be two such children, and no more, then the sum of £8000 for their portions ; and in case there should be three or more such children, then the sum of £12,000 for their portions; the said portions for two or more such children, to be paid and payable, to and between, or among them, in such shares, and in such manner, as the said Sir-Thomas Hussey Apreece should, in manner therein mentioned, appoint; and iti default Jof such appointment, then the same to be equally divided between or among them; the portions of two such children or more, in case of no appointment to the contrary, to belong to, and be an interest vested in such of the said children, as should be a son or sons, at his or their respective age or ages of twenty-one years; and in such of them as should be a daughter or daughters, at her arid their respective age or ages of twenty-one years, or day or clays of marriage, which should first happen ; but to be payable and paid at the times thereinafter mentioned (that was to say), the portion and portions of such younger son or younger sons, to be paid to such of them, as should be under the age of twenty-one years at the time of the death of the said Thomas Hussey Apreece, when, and as, they should respectively attain the age of twenty-one years; and to such of them as should attain the age of twenty-one years, in the lifetime of the said Thomas Hussey Apreece, at the end of six calendar months next after his decease; with interest from his death, after the [691] rate of £3 for every £100 for a year. And the portion and...
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