Re Arrowsmith's Trusts
| Jurisdiction | England & Wales |
| Judgment Date | 10 December 1860 |
| Date | 10 December 1860 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 705
BEFORE THE LORDS JUSTICES.
S. C. 29 L. J. Ch. 774; 6 Jur. (N. S.), 1231; 3 L. T. 635; 8 W. R. 555; 9 W. R. 258; 30 L. J. Ch. 148; 7 Jur. (N. S.), 9. See Minors v. Battison, 1876, 1 App. Cas. 443; Johnson v. Crook, 1879, 12 Ch. D. 648. Adopted, In re Collison, 1879, 12 Ch. D. 838. Observed upon, Bubb v. Padwick, 1880, 13 Ch. D. 517. Approved and followed, In re Chaston, 1881, 18 Ch. D. 218. Followed, In re Wilkins, 1881, 18 Ch. D. 637. Distinguished, Wilks v. Bannister, 1885, 30 Ch. D. 518.
[474] In re arrowsmith's trusts. Before the Lords Justices. Nov. 17, 24, fyf.lU'./e*^. Dec. 10, I860. [S. C. 29 L. J. Ch. 774; 6 Jur. (N. S.), 1231; 3 L. T. 635; 8 W. R. 555; 9 W. R. 258; 30 L. J. Ch. 148; 7 Jur. (N. S.), 9. See Minors v. Battism, 1876, 1 App. Gas. 443; Johnson v. Crook, 1879, 12 Ch. D. 648. Adopted, In re Collism, 1879, 12 Ch. D. 838. Observed upon, Bubb v. Padwick, 1880, 13 Ch. D. 517. Approved and followed, In re Chatston, 1881, 18 Ch. D. 218. Followed, In re I7ilkins, 1881, 18 Ch. D. 637. Distinguished, Wilks v. Bannister, 1885, 30 Ch. D. 518.] Disposition by a codicil of " all my real and personal estate and effects " : Held, on the context, not to include a fund of personal estate specifically disposed of by the will. A testator bequeathed a fund to his nephews and nieces who should be living at his death, and directed that, in case of the death of any of them before receiving their respective shares, the share or shares of them, her or him so dying should go to the survivors. Held, by Vice-Chancellor Kindersley, that the share of a niece was divested by her death within a year after the testator's death ; but, -per the Lord Justice Turner, semble, an inquiry ought to have been directed at what time the fund could have been paid over. This was an appeal from an order of Vice-Chancellor Kindersley, who decided, that on the construction of the will and codicil of William Arrowsmith a gift to nephews and nieces vested indefeasibly in those who were living at the expiration of a year from the testator's death, and was not divested by their death during the life of the testator's widow. The testator.by his will dated the 17th of January 1838, after confirming his marriage settlement and making a specific gift to his wife, bequeathed to trustees all his ready money and money out on security that should be due to him at his decease, upon trust to get it in, and pay to William Blackshaw and Elizabeth Buckley 5 each, if they should be then living, and pay, distribute and divide the remainder " unto and between all my nephews and nieces who shall be then living share and share alike. And in case of the death of any of my nephews and nieces before, receiving their respective shares, then the...
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Re Petrie; Lloyd's Bank v Royal National Institute for the Blind
... ... In both cases the learned Judge, after considering certain in earlier cases, including re Arrowsmithe' Trusts, 29 Law Journal (Chancery), p. 774, and Minors v. Battison, I appeal cases, p. 428, came to the conclusion that the proper and convenient date ... ...