Read v Gooding
| Jurisdiction | England & Wales |
| Judgment Date | 21 January 1856 |
| Date | 21 January 1856 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 944
ROLLS COURT
For previous proceedings, see S. C. 4 De G. M. & G. 510; 43 E. R. 606.
944 HEAD V. GOODING 21 BBAV. 478. [478] read v. gooding. Jan. 21, 1856. [For previous proceedings, see S. C. 4 De G. M. & G. 510; 43 E. E. 606.] Devise in trust for A. for life, and, after her decease, to apply the rents for the benefit of her children, until the youngest attained twenty-five; and, as soon as the youngest should have attained twenty-five, to sell, and " pay and divide" the produce equally "among such of the children of A. as should be then living, arid issue of such, if any, of her children as might be then dead," such issue to take their parents' share only. Held, that the gift of the income waa valid, but that the gift of the carpus was void for remoteness. By his will, dated in 1822, the testator devised the property in question to two trustees and their heirs, "in trust, to permit and suffer my said daughter, Sarah Hurman, and her assigns, to receive the rents, issues and profits thereof during her natural life, and after her decease, in trust, to pay and apply such rents, issues and profits equally to or for the benefit of the children of my said daughter living at her decease, until the youngest of such children shall have attained the age of twenty-five years, in case my said daughter shall die before such youngest child shall have attained that age; but if either of the children of my said daughter shall die leaving issue, such issue shall be paid or entitled to the share of their deceased parent. And as soon as the youngest child of my said daughter shall have attained such age of twenty-five years (in case my said daughter shall be then dead), in trust, with all convenient speed," to sell: "And I do direct my said trustees to pay, divide and dispose of the purchase-money (deducting their reasonable costs, charges and expenses), equally amongst such of the children of my said daughter as shall be t!ten living, and the issue of such, if any, of her children as may be then dead, but such issue to take only their parent or parents' share or shares of the same, as if divided by virtue of the Statute for Distributing Intestates' Effects." Mrs. Hurman died in 1849, leaving nine children, five sons and four daughters, the youngest child being then sixteen years old. The youngest of the surviving [479] children of Mrs. Hurman had now attained the age of twenty-five. The question argued on this...
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