Peard v Kekewich
| Jurisdiction | England & Wales |
| Judgment Date | 16 February 1852 |
| Date | 16 February 1852 |
| Court | High Court of Chancery |
English Reports Citation: 51 E.R. 500
ROLLS COURT
S. C. 21 L. J. Ch. 456.
[166] peard v. kekewich.(!) Feb. 16, 1852. [S. C. 21 L. J. Ch. 456.] Devise in trust for A. for life, with remainder to any of his children, as he should appoint. At the date of the will A. had no child, but at the death of the testator he had a son, B., three years old. A., by will, appointed to trustees and their heirs, in trust for B. and his heirs, and to be conveyed to him at twenty-three, with a gift over to other sons if B., died under twenty-one ; and he directed the rents to be accumulated until B., or such other sons, should attain twenty-three, and then to pay them over. Held, that the gift was not too remote, and that the direction to accumulate was valid. This was a special case under the following circumstances :- The testator Shuldham Peard, by his will dated the 15th of June 1829, devised his real estates to trustees in fee, in trust for his son George Peard for life, with remainder for all and every or any one or more, to the exclusion of the others or other of them of the children of George Peard, as George Peard should by deed or will appoint, and, in default, upon trust for all and every the children of George Peard in tail. On the 29th of June 1829 the Plaintiff George Shuldham Peard, the eldest son of George Peard, was born ; and the testator afterwards made a codicil to his will on the 4th of June 1831, and he died in December 1832. In 1836 George Peard made his will, whereby he executed the power of appointment given him by his father's will; and he thereby appointed the estates to trustees and their heirs, "in trust for his son George Shuldham Peard, his heirs, executors, administrators, and assigns; and to be respectively conveyed, assigned and assured to him, when and as he should [167] attain the age of tweny-three years; and in case his son Gaorge Shuldham Peard should die before he should have attained the age of twenty-one years, to the use of the second, third, fourth, and all and every the other son and sons of his the said testator's body," in succession in tail, and to be conveyed (1) dates. 1829. June 15. Will of S. P. 1832. Death of S. P. 1829. June 29. Plaintiff, G. S. P., 1836. Will of G. P. born. 1831. Codicil of S. P. 1837. Death of G. P. 18BEAV.1M. PEARD V. KEK.EWICH 501 to them as they should attain twenty-three. He directed the trustees to pay £50 a year for the maintenance and education of the Plaintiff until the age of seventeen, and £250 a year afterwards; but did not state when that allowance was to cease. "And subject as aforesaid, he thereby directed the trustees or trustee, from time to time, to invest all the clear residue of the rents and profits which should remain after satisfying and discharging the yearly sums of £50 and £250, and all necessary outgoings in respect of the said real estates thereinbefore appointed in Government or public securities to accumulate, and also to accumulate the accumulations in like manner, until his son George Shuldham Peard, or such other sons, as aforesaid, should first attain the age of twenty-three years ; and on his or their first attaining that age, then upon trust, to pay, assign...
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...Greet (5 Beav. 123), Daviea v. Fisher (5 Beav. 201), Milray v. Milroy (14 Sim. 48), Harrison v. Gnmwood (12 Beav. 192), Peard v. Kekewich (15 Beav. 166). Mr. Daniel, Q.C., and Mr. Cutler, for Frances Hardcastle and the trustees of her settlement. There is no vested interest until an event w......
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