Re Bird's Trusts
| Jurisdiction | England & Wales |
| Date | 1875 |
| Year | 1875 |
| Court | Chancery Division |
Rectification of Deed on Petition.
By a marriage settlement the wife's interest in real estate was granted and assigned to trustees, their executors, administrators, and assigns, upon the usual trusts in a settlement, with the omission of the word “heirs” in every case in which the fee simple was evidently intended to be passed:—
Held, upon petit on under the Trustees Relief Act, that the deed must be rectified by the insertion of the word “heirs,” in order to effect the intention of the parties.
By a settlement made on the marriage of George Brown and Harriette Brown, then Harriette Bird, dated the 4th of February, 1863, after reciting that it was agreed that the property of Harriette Brown should be settled in manner therein mentioned, Harriette Brown, with the consent of George Brown, granted and assigned to J. Watson, J. Brown, and H. Nisbet, all the estate, share, and interest to which she was or might become entitled under the will of her father, W. Bird, and also all other property of the said H. Brown of what nature or kind soever, to hold the same unto the said trustees, their executors, administrators, and assigns, upon trust for H. Brown, her executors, administrators, and assigns, until the solemnization of the marriage, and afterwards to stand possessed of the said trust property upon trust, during the joint lives of G. Brown and H. Brown, to pay the interest, dividends, and annual proceeds thereof to H. Brown for her sole and separate use, without power of anticipation, and after the death of such one of them as should first die, to pay the interest, dividends, and annual proceeds of the said trust property to the survivor of them for life, and after the death of the survivor in trust for the child or children of the marriage in manner therein mentioned. And if there should be no children of the marriage, then in case G. Brown should die in the lifetime of H. Brown, in trust for H. Brown, her executors, administrators, or assigns, but in case H. Brown should die in the lifetime of George Brown, then in trust for George Brown, his executors, administrators, and assigns.
Harriette Brown died on the 16th of May, 1863, in the lifetime of George Brown, without having had any issue.
Under the will of W. Bird, Harriette Brown had become entitled to a fourth part of certain freehold estates and to a small amount of personalty, and these estates were sold under a power...
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