Rocke v Rocke
| Jurisdiction | England & Wales |
| Judgment Date | 02 August 1845 |
| Date | 02 August 1845 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 267
ROLLS COURT
[66] rocke n. rocke. July 22, 31, Auyust 2, 1845. An absolute vested bequest was accompanied with a, direction, that it should not be delivered till the legatee attained twenty -five. Held, that he was entitled to payment on attaining twenty-one. The testator, by his will, expressed himself as follows: - "I appoint my son Richard Hill and his heirs my residuary legatee, to have and to hold the residue of my property of every sort and kind, after the several above-stated bequests have teen paid ; but it is my especial desire that the residue of my property be not delivered over to him until the completion of Aw twenty-fifth year, and that, in. the meanwhile, he be subject to the guardianship of his mother." Richard Hill, the son, attained his age of twenty-one years on the 7th of June 1845, and the residue being in Court, he now presented a petition for payment. Mr. Heathfield, in support of the petition. The gift being vested, is payable upon the Petitioner attaining his majority, and notwithstanding the direction in the will, he is not bound to wait until he attains twenty-five before he receives it. the master of the rolls [Lord Langdale]. I will look at the terms of the will, and see if the order can...
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