Re Harries' Trust

JurisdictionEngland & Wales
Judgment Date28 February 1859
Date28 February 1859
CourtHigh Court of Chancery

English Reports Citation: 70 E.R. 395


In re Harries' Trust

See Swete v. Tindal, 1874, 31 L. T. 224; In re Meredith's Trusts, 1876, 3 Ch. D. 761; Champney v. Davy, 1879, 11 Ch. D. 958.

Will. Construction. Appointment. Lapse. Appointment of "Residue and Remainder

[199] In re harries' trust. Feb. 26, 28, 1859. [See Swete v. Tmdal, 1874, 31 L. T. 224; In re Meredith's Trusts, 1876, 3 Ch. D. 761; Champney v. Davy, 1879, 11 Ch. D. 958.] Will. Construction. Appointment. Lapse. Appointment of" Residue and Remainder." Where a definite fund is subject to a power of appointment by will, and, by a will purporting to be made in exercise of the power, one sum, part of the fund, is appointed to one person, and another sum, other part of it, to another; and " all the rest" or " all the remainder " of the fund to a third ; the third appointee cannot claim a share which may lapse in consequence of the death of either of the former appointees in the lifetime of the testator. .But if there is upon the will a plain indication of an intention to appoint the whole that may remain strictly in the shape of residue, or to appoint the entire fund charged only with the sums specified in the preceding appointments, then the residuary clause will be read as an appointment, not of the mere balance of the fund after the sums so previously appointed have been deducted from it, but of the entire fund subject to the preceding appointments-the Court acting upon the manifest intention of the testator to dispose of the entire fund over which he has a power of appointment. Appointment by will of " the residue and remainder of the said moneys " (meaning thereby the sums secured by certain policies of assurance and all bonuses and other sums of money which had accrued or should accrue by virtue of the same) " after, pajy&ent of " certain sums specified in previous appointments contained in the will: Held, upon the whole of the will, to pass a sum which had lapsed by reason of the death of an appointee in the lifetime of"the testator. By an indenture, dated the 16th day of November 1850, Gilbert Harries settled two policies of assurance effected upon his life, for 2000 each, and all bonuses and other sums of money which had accrued or might accrue thereon, in trust for all and every or such one or more exclusively of the rest of his children born or to be born of his then wife (except his eldest son Cecil) as he should by deed or will appoint. And, in default of such appointment, or so far as any such appointment, if partial, .should not extend, in trust for all such children (except Cecil) equally. The settlor had four daughters and five younger sons. 396 in re barbies' trust johns. 200. In September 1852 Florence, his second daughter, married Mr. Stokes; and by the settlement on her marriage, dated the 15th of September 1852, Gilbert Harries appointed 1000, part of the said insurance moneys, upon the trusts of that settlement. In August 1853 his eldest daughter, Cecilia, married a Mr. Phillips; and by the settlement on her marriage, dated the 18th day of August 1853, Gilbert Harries appointed the sum of 1000, further part of the same insurance moneys, upon the trusts of her settlement. [200] In June 1855 Gilbert Harries made his will, and thereby, after reciting the settlement of November 1830, and that he had nine children besides Cecil, and reciting the settlements of 1852 and 1853, proceeded as follows:-" Now I, the said Gilbert Harries, by virtue and in further exercise of the said power or authority vested in me by the said indenture of the 16th day of November 1850, and of every other power or authority to me reserved or in anywise enabling me in that behalf, do, by this my last will and testament by me duly executed, direct and appoint that, subject and without prejudice to the several hereinbefore recited indentures of the 15th of September 1852, and the 18th of August 1853, and the appointments thereby made to or in favour of the said Florence Stokes and Cecilia Phillips respectively as aforesaid, the said several sums of 2000 and 2000 secured by the said several policies of insurance on my life, and all bonuses and other sums of money which have accrued, or shall accrue, or be recoverable under or by virtue of the same policies respectively, shall be paid as...

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8 cases
  • Commissioners of Inland Revenue v Wood Bros. (Birkenhead) Ltd
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    • House of Lords
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  • Tatham v Drummond
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    • High Court of Chancery
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  • Dundas v Wolfe Murray
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    • High Court of Chancery
    • 18 February 1863
    ...this gift does not carry interest. [He also cited Taylor v. t'nMsher (5 De G. & S. 191), Wilmot v. Wilmot (8 Ves. 10), Harries' Trusts (Johns. 199), Cambridge v. Ems (8 Ves. 12).] Mr. Hemings, for other Defendants. Mr. Thompson, in reply. There are ample special circumstances, if they are n......
  • Corballis v Corballis
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    • Chancery Division (Ireland)
    • 1 July 1882
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