Spencer v Bullock
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | High Court of Chancery |
English Reports Citation: 30 E.R. 843
HIGH COURT OF CHANCERY
spencer v. bullock. May 19&, 20&, July 30&, 1795. Rolls. Legacy to A. for life and to her children at her decease vests in all the children, as they come in esse: but upon the circumstances of this case it vested in those living at the death of their mother only. John Spencer by will gave to his executors £1600 in trust to invest the same in stock and pay or transfer the said sum or the stock to his son John Spencer at the age of twenty-one, and apply the dividends in the mean time towards his maintenance and education. He gave another sum of £1600 upon a similar trust for his daughter Tabitha Spencer at her age of twenty-one or marriage. He also gave another sum of £1600 to be laid out in the same manner, and to accumulate during the life of his son in law John Hart; and after his decease the principal with the accumulated dividends to be transferred to his daughter Elizabeth Hart for her own use and benefit; and if she should die in the life of her husband without leaving any issue of her body, he directed the said sum to sink into the residue. All the rest, residue, and remainder [688] of his estate and effects whatsoever and wheresoever he gave to his executors to be equally divided among his four children Jane Evans, Elizabeth Hart, John Spencer, and Tabitha Spencer, share and share alike : but he declared his will to be, that the shares of his son John and his daughters Elizabeth Hart and Tabitha Spencer be invested by his said trustees and in their names upon the like trusts, as he had before directed the aforesaid legacies of £1600 given to them respectively to be invested ; and that the share of his said daughter Jane Evans be invested in the names of his executors for her separate use for life, and the principal for her child or children at her decease, if more than one share and share alike ; provided farther, that in case either his said son or any of his said daughters should die, before the aforesaid legacies given to them respectively or their shares of the residue of his said estate should become payable, without having any lawful issue of their respective bodies, he gave the share of such of them so dying unto the survivors of his said son and three daughters respectively ; provided farther, that in case any of his children should die before his, her, or their shares of his said estate given to them should become payable as aforesaid, leaving any child or children of his, her, or their respective body or bodies lawfully begotten, then the child or children of such of his...
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Godfrey v Davis
...Pratt, 3 Ves. 730) : in the case of a tenant for life, all, who are in esse before the death of the tenant in life. (Spencer v. Bullock, 2 Ves. jun. 687.) That is the general rule ; and in order to extend it a distinct intention to suspend, the vesting must be shewn. Ellison v. Airey has be......
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...346, and by Mr. Sanders, 1 Atk. 122, in a note upon Heathe v. Heathe. See also Spencer v. Bullock, Taylor v. Lang ford, Malim v. Barker, 2 Ves. jun. 687, 3 Ves. 119, 151, and the note, 1 Ves. jun. 408. ...
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Spencer v Bullock
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Howard's Trusts
...Kimberley v. Tew 4 Dr. & War. 139. Swallow v. BinnsENR 1 K. & J. 437. Smith v. Vaughan 2 Eq. Cas. Abr., 543, pl. 16. Spencer v. Bullock 2 Ves. jun. 687. Barber v. Barber 3 M. & Cr. 697. Waldron v. BoulterENR 22 Beav. 284. South v. Searle 2 Jur., N. S., 390. Woodcock v. The Duke of Dorset 3 ......