Scott v Josselyn
| Jurisdiction | England & Wales |
| Judgment Date | 11 January 1859 |
| Date | 11 January 1859 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 863
ROLLS COURT
S. C. 28 L. J. Ch. 297; 5 Jur. (N. S.) 560.
[174] scott v. josselyn. Jan. 11, 1859. [S. C. 28 L. J. Ch. 297 ; 5 Jur. (N. S.) 560.] A testator bequeathed the residue to trustees, upon trust to permit his wife to receive the annual produce during her life, and also to apply to her own use such parts of 864 SCOTT V. JOSSELYN MMAV.17I. the capital as she should think proper, and after her decease to stand possessed thereof, upon trust for such persons as she should by will appoint, and in default, upon truat to pay certain legacies. Held, that the widow took a life-estate only, with power of disposition of the capital during her life and of appointment by will, and not an absolute interest. Charles Lionel Scott, the testator in this case, gave all the residue of his estate and effects, of what nature or kind soever, unto his said wife, and James Josselyn, upon trust to permit his said wife to receive or retain the annual produce thereof for her own use and benefit during her life, and also to apply to her own use and benefit so much and such parts of the capital thereof as she should think proper, and, after her decease, the testator directed that James Josselyn or the trustees for the time being of his will should stand possessed of the residue of his estate and effects, or so much thereof as should remain after such application of any portions thereof by his wife in manner aforesaid, upon trust for such person and persons and for such intents and purposes in all respects as his wife by her will or by any testamentary paper by her legally executed should direct or appoint; and in default of any such direction or appointment, and so far as any such, if incomplete, should not extend, he directed that the residue of his estate and effects, or so much thereof as should remain as aforesaid, should be holden upon trust to pay thereout the sums of money therein specified unto the several persons therein named, and amongst others the sum of .£1500 to his nephew, a legacy of £1500 to the Plaintiff Mr. Scott, his nephew; and as to all the surplus of the residue of his estate and effects, the testator gave the same upon trust for the said Defendant Josselyn, his executors and administrators for his and their own use and benefit absolutely ; and in case his wife should apply to her own use such [175] an amount of his residuary estate as would reduce the same to a sum of money insufficient...
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