Re The Trustee Relief Acts Re Charles Greenwood's Will
| Jurisdiction | England & Wales |
| Judgment Date | 13 December 1861 |
| Date | 13 December 1861 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 461
HIGH COURT OF CHANCERY
S. C. 31 L. J. Ch. 119; 8 Jur. (N. S.) 907; 10 W. R. 117.
[390] Re the trustee belief acts. Re charles greenwood's will. Dec. 13, 1861. [S. C. 31 L. J. Ch. 119; 8 Jur. (N. S.) 907; 10 W. E. 117.] Bequest of a fund to trustees to pay the interest as M. A. should appoint; and, in default of appointment, to her separate use for life, remainder to her husband and 462 be greenwood's will children; and in case she should have no child who should live to take a vested interest, then on trust to assign and transfer the securities unto such persons as should happen to be testator's next of kin according to the Statute of Distribution. Held, that the next of kin at the death of the tenant for life took as joint-tenants. This was a petition under the Trustee Eelief Act by Charles Greenwood, Powis, F. P. Greenwood, E. Greenwood and L. Greenwood, praying that a sum of 2000, arising under the will of Charles Greenwood, and which had been paid into Court, might be divided into sixteen shares, and that it might be declared that eight of such shares were payable to Charles Greenwood, the Petitioner, and one-sixteenth to each of the children of Thomas Greenwood. Charles Greenwood, sen., by his will, dated the llth of February, gave to his son-in-law, William Stephens, and the Petitioner, Charles Greenwood, 2000, and interest from his death, upon trust that they, his said [391] trustees, or the survivor of them, or the executors or administrators of such survivor, should lay out and invest the same, and pay the interest, dividends and annual produce unto such person or persons as his daughter Mary Ann should, during her life, whether covert or sole, order or direct, but not by way of anticipation; in default of such appointment, to her separate use for life, and after her decease for her husband and children as therein mentioned, and the testator then made the following disposition :- "And upon further trust that in case my said daughter Mary Ann shall not have any child or children, or, there being one or more, and none of them shall live to attain a vested interest in the said stocks, funds and securities, then to assign and transfer the said stocks, funds and securities and all accumulations, if any, of the interest and dividends thereof, unto such person or persons as shall happen to be my next of kin according to the Statute for the Distribution of...
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