Southern v Wollaston
| Jurisdiction | England & Wales |
| Judgment Date | 11 December 1852 |
| Date | 11 December 1852 |
| Court | High Court of Chancery |
English Reports Citation: 51 E.R. 740
ROLLS COURT
S. C. 16 Beav. 276; 21 L. J. Ch. 456; 1 W. R. 86.
[166] southern . wollaston. July 26, 1852. [S. C. 16 Beav. 276 ; 21 L. J. Ch. 456 ; 1 W. R. 86.] Bequest to A. for life, with remainder to such of his children as should live to attain twenty-five, equally, with an imperative direction, that the interest thereof, whil& any person presumptively entitled should be under twenty-five, should be applied for his maintenance, and a discretionary power of advancement. Held, void for remoteness. The marginal note of The Marquis of Bute v. Harman, 9 Beav. 320, is incorrect, the bequest having been held void for remoteness. The testator bequeathed 2000 consols to trustees, upon trust for his nephew Francis Richard Southern, for life, arid after his decease, upon the trusts following: " Upon trust for such of the children of Francis Richard Southern as shall be living at his death and shall have attained, or shall afterwards live to attain, the age, of twenty-jive years, if more than one, in equal shares, and if but one, then for such one only, to and 18 BEAV. l7. SOUTHERN V. WOLLASTON 741 for his, her and their own absolute use and benefit; and if all of them shall depart this life under the age of twenty-five years, then the said sum of 2000 stock shall (subject to the life interest of my said nephew therein, and the power of advancement hereinafter contained) sink into my residuary personal estate. "And I direct that the interest, dividends and annual produce thereof, while any of the persons presumptively entitled shall be under the age of twenty-five years, shall (subject to the power of advancement hereinafter contained) be paid and applied for and towards the maintenance and support of the person or persons to whom the same shall, for the time being, apparently or presumptively belong." In a subsequent part of his will, the testator declared and directed that it might be lawful for his trustees " to pay and apply the whole, or any part of the several provisions, thereby by him intended for the children of his nephew Francis Richard Southern, for the placing or putting of him, her or them, in or to any [167] business, profession or employment; or otherwise for his, her or their benefit or advancement in the world." But during the life of Francis Richard Southern, with his consent, and after his death his trustees and executors, were to make such payment and advance in their discretion...
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