Stokes v Holden
| Jurisdiction | England & Wales |
| Judgment Date | 24 May 1836 |
| Date | 24 May 1836 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 262
ROLLS COURT.
S. C. 5 L. J. Ch. (N. S.), 291. See In re Davis's Trusts, 1872, 27 L. T. 478; In re Bateman's Trusts, 1873, L. R. 15 Eq. 361. See also Forfeiture Abolition Act, 1870 (33 & 34 Vict. c. 23).
[146] stokes v. holden. Jan. 27, May 24, 1836. [S. C. 5 L. J. Ch. (N. S.), 291. See In re Davis's Trusts, 1872, 27 L. T. 478; In re-Batsman's Trusts, 1873, L. R. 15 Eq. 361. See also Forfeiture Abolition Act, 1870-(33 & 34 Viet. c. 23).] Where a legacy was given to a person when he should attain the age of twenty-one,. and if he should die under that age without issue, over; and the legatee committed a felony, and underwent the punishment to which he was sentenced for the offence* before he attained twenty-one, which punishment by the 9 G. 4, c. 32, s. 3 operates, as a pardon, and restores the felon to his civil rights, it was held that the legatee,, upon attaining tweitty-one was entitled to the legacy. William Stokes the elder, by his will dated the 5th of November 1816, devised and bequeathed to his son, William Stokes the younger, all and singular his freehold messuages, lands, tenements, and hereditaments, and all his personal estate and effects-whatsoever, to hold to him, his heirs, executors, administrators, and assigns, upon trust that out of the rents, issues, and profits given and devised to him, and by sal& thereof he William Stokes the younger, his heirs, executors, or administrators, should pay and discharge all the testator's debts and funeral expenses, and all legacies and charges thereinafter given and chargeable; and the testator thereby gave and bequeathed to his grandson, William Holden, when he should attain the age of twenty-one years, the sum of 500, without interest; and, if the said William Holden should die before he attained the age of twenty-one years without lawful issue, the testator directed the same to be paid amongst the surviving children of the testator's daughter, Sarah Holden, in equal shares, as they respectively attained the age of twenty-one years; but if the said William Holden died before that time, leaving lawful issuej the same to be paid to such issue, in equal parts and proportions; and the-testator thereby gave and bequeathed to the children of his daughter, Sarah Holden, then living, or who might thereafter be born of her body, and the survivors of them,, the sum of 1000, to be divided between them in equal shares, when they should respectively attain the age of twenty-one years, without interest, to be paid to them in manner therein men-[146]-tioned, to their separate use. Provided alwaya, that if any of the said children should die before he, she, or they attained the age of twenty-one years, having lawful issue, the share of such children so dying to be divided amongst such issue. And the testator further directed, that if his daughter, Sarah. Holden should die during the minority of her children, the said William Stokes the younger should appropriate the sum of 40 a year towards their support and maintenance during their minorities, aa he or they should in their own judgment think proper, reducing such allowance in proportion as they severally attained the age of twenty-one years, and their legacies became payable and vested. And the testator appointed John Hart, Simon Stokes, and William Stokes the younger, executors of his will. The testator died in July 1819 leaving William Stokes the younger, his only son...
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