Rhodes v Whitehead
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1865 |
| Date | 31 May 1865 |
| Court | High Court of Chancery |
English Reports Citation: 62 E.R. 722
HIGH COURT OF CHANCERY
S. C. 12:L. T. 601; 13 W. R. 800. See Brackenbury v. Gibbons, 1876, 2 Ch. D. 419; In re Lechmere and Lloyd, 1881, 18 Ch. D. 527; Patching v. Barnett, 1880, 49 L. J. 669. Miles v. Jarvis, 1883, 24 Ch. D. 635; Cf. Dean v. Dean [1891], 3 Ch. 150.
Contingent Remainder. Attaining Twenty - one.
[532] ehodes v. whitehead. May 30, 31, 1865. [S. C. 12 L. T. 601 13 W. E. 800. See Bmckenbury v. Gibbons, 1876, 2 Ch. D. 419 ; In re Lechmere and Lloyd, 1881, 18 Ch. D. 527; Patching v. Burnett, 1880, 49 L. J. 669. Miles v. Jams, 1883, 24 Ch. D. 635; Cf. Dean v. Dean [1891], 3 Ch. 150.] Contingent Remainder. Attaining Twenty-one. Devise to two sons, and on death of each son to the use of or in trust for all and every the children, or any the child of son, who being sons or a son shall attain the age of twenty-one, or being daughters or a daughter, shall attain that age or marry,, with remainder over. One of the sons died leaving infant children. Held, that the remainder to the children of the son was contingent and failed, there being no particular estate to support it. Construction. Wright Ehodes, the testator in the cause, by his will, dated the 3d of February 1859, made (inter alia) the following disposition :-- " I give and devise all those my freehold mills, called Springfield Mills, within the parish of Kirburton, with the warehouses, counting-houses, &c., privileges and [533] appurtenances to the same belonging, and also the steam-engines, boilers, and going gear to give motion to the said mills, belonging or appertaining, and all and any the mines and beds of coal and ironstone (with certain exceptions named in the will) of or to which I may at my decease be seised, possessed, or entitled for any estate of freehold on any term or terms of years to my said sons, Samuel Ehodes and James Wright Ehodes, during their respective lives, in equal shares as tenants in common. And from and after the decease of each of my sons as to their respective undivided moieties in the said mills, mines, hereditaments, and premises to such uses, or upon such trusts in favour of all, or such one or more, exclusively of the other or others of the children of my said sons respectively, in such manner and form as they may respectively by any deed or deeds, with or without power of revocation, or by will or codicil appoint, and in default of such appointment, and so far as no such appointment shall...
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