Shum v Hobbs
| Jurisdiction | England & Wales |
| Judgment Date | 13 January 1855 |
| Date | 13 January 1855 |
| Court | High Court of Chancery |
English Reports Citation: 61 E.R. 838
HIGH COURT OF CHANCERY
S. C. 24 L. J. Ch. 377; 3 W. R. 221. See Locke v. Lamb, 1867, L. R. 4 Eq. 379.
Will. Construction. Vesting. Contingent Interests.
[93] shum v. hobbs. Jan. 12, 31, 1855. [S. C. 24 L. J. Ch. 377; 3 W. E. 221. See Locke v. Lamb, 1867, L. E. 4 Eq. 379.] Witt. Construction. Vesting. Contingent Interests. Testatrix gave a share of residue upon trust for her son for life, and after his death "upon trust to transfer and pay the capital of the said trust funds unto and amongst the children, if only one, or both or all the children, if more than one, of her said son " in manner thereinafter mentioned. Then followed a direction making the gift to the son void if he aliened or ineumbered it, and giving over the dividends to the ^parties entitled in remainder; then followed another direction of some length, and then a declaration that the shares should be payable at twenty-one or marriage. Held, the context of the will not repelling but rather supporting that construction, that this was not a substantive gift, with a simple direction to pay, but one general direction to pay at twenty-one or marriag*e, and the interests of the son's children were not vested. This was a petition praying that a third part of the residuary estate of Elizabeth Shum might be paid to the executor of Ralph Bressey Shum, the tenant for life under the will. Elizabeth Shum gave her residuary estate upon trust as to two-fourths for her daughters, Harriett Clift and Grace Kirby, equally for life, for their separate use, without power of anticipation; and her will then proceeded thus:-" And on the death of each respectively of them the said Harriett Clift and Grace Kirby, I direct that the share of the said trust monies, funds and securities in which such daughter (1) Sect. 28. "And be it further enacted, that upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law." 3DREWRY.94. SHOM V, HOBBS 839 had a life interest shall be held in trust for her respective child or children, to be equally divided between or among such children if more than one, share and share alike, the share of each child being a son to be vested in and payable to Mm at his [94] age of twenty-one years, and the share of each child being a daughter to be vested in and payable when at her age of twenty-one years, or day of marriage, which shall first happen. " And as to one other equal fourth part or share of the said trust monies upon trust from time to time to pay the annual income arising therefrom into the proper hands of my son John Shum during his life, for his own personal use and benefit, subject nevertheless to the proviso hereinafter contained concerning the same; and after the decease of my said son John Shum then upon trust to transfer and pay the capital of the said trust funds unto and amongst the.child, if only one, or both or all the children, if more than one, of my said son John Shum, in manner hereinafter mentioned. And as to the remaining fourth part or share of the said trust monies upon trust to pay the annual income arising therefrom into the proper hands of my son Ralph Bressey Shum during his life, for his own personal use and benefit, subject nevertheless to the...
To continue reading
Request your trial
-
Hardcastle v Hardcastle
...before twenty-five or death leaving issue, the age being made part of the description : Vawdry v. Geddes (1 E. & M. 203), tihum v. Hobbs (3 Drew. 93). The shares are referred to as " presumptive shares," which confirms our view. [The Vice-Chancellor referred to Bull v. Prilchard (5 Hare, 56......
-
McLachlan v Taitt
...the children of the niece. Mr. R. Palmer and Mr. Baggallay, for Mr. M'Lachlan. Mr. Lloyd and Mr. De Gex, for other parties. Shum v. Hobbs (3 Drew. 93), was cited. June 6. the master of the rolls [Sir John Romilly]. The question in this case is, whether the property vested in the children of......