Re Gosset's Settlement
| Jurisdiction | England & Wales |
| Judgment Date | 04 August 1854 |
| Date | 04 August 1854 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 456
ROLLS COURT.
See In re Fox 1904, 1 Ch. 484.
[529] Re gosset's settlement. August 4, 1854. [See In re Fox [1904], 1 Ch. 484.] A settlement contained a power of advancement, a power of appointment, and a hotchpot clause, applicable to the former and not to the latter. Part of the trust fund having been taken out of the settlement and paid over to a child without stating under which power: Held, that it was primcl fade attributable to the advancement clause, and that this was confirmed by subsequent memoranda in the handwriting of the donee of the power. A tenant for life bad a power to appoint to children. By a postnuptial settlement, to which his married daughter and her husband were parties, he appointed the reversionary interest of stocks to the daughter and her husband and children. Held, that the appointment to the husband and grandchildren was valid. By a settlement made in 1804, on the marriage of Mathew Gosset and Laura his wife, £1000 East India stock, £6900 .£3 per cent. Reduced annuities, and £163 long annuities were vested in trustees, in trust for Mr. and Mrs. Gosset for their respective lives, and after the decease of the survivor, upon trust to transfer the funds to the children of the marriage, " in such shares, proportions, manner and form as Mr. and Mrs. Gosset by deed, or as the survivor of them by deed or will, should appoint, and in default of ap-[530]-pointment, or so far as no such appointment should extend, to and amongst all and every the children of the marriage," equally. The settlement contained no hotchpot clause as to the appointed shares. There was a power for the ITBEAT.Ut. BE GOSSET'S SETTLEMENT 457 trustees, but in the lifetime of the tenants for life, with their " consent in writing, to pay and apply any sum or sums of money not exceeding one-half of such child's then apparent share of the trust funds, to and for his or her advancement in the world, the sums idvanced to be taken as part satisfaction of such child's share in the trust premises foj- whom the advance should be made." There wflre three children of the marriage; Laura, who married Mr. Currie; Helen, who married Mr. Daniel, and a son George Bagot Gosset. In 1829, on the marriage of Laura, £200, part of the Reduced annuities, were, with the consent of Mr. and Mrs. Gosset, sold out and paid to her by the trustees "for her benefit and advancement," arid by an indenture, dated the 3d of September 1829, Mr. and Mrs. Gosset duly appointed one-third of the trust funds to Laura (subject to their own life-estates). This one-third was settled by an indenture of even date. After the marriage of Helen with Mr. Daniel a post-nuptial settlement was executed, dated 21st of March 1831. It was made between Mr. and Mrs. Gosset of the first part, Mr. Daniel and Helen his wife of the second part, and two trustees of the third part, and thereby Mr. and Mrs. Gosset appointed that the trustees of the deed of 1804 should stand possessed of one-third of the trust funds, in trust to sell £200 £3 per cent. Reduced annuities part thereof, and pay the produce to Mrs. Daniel or Mr. Daniel, for her use and [631] benefit, and stand...
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