Tatham v Vernon
| Jurisdiction | England & Wales |
| Judgment Date | 24 May 1861 |
| Date | 24 May 1861 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 762
ROLLS COURT
S. C. 4 L. T. 531; 9 W. R. 822. See In re Trigham's Trusts [1904], 2 Ch. 493; In re Irwin [1904], 2 Ch. 759.
i . 4J.T. 6Q4j tatham d. vernon. May 4, 6, 24, 1861. [S. C. 4 L. T. 531 ; 9 W. R. 822. See In re Tringham's Trusts [1904], 2 Ch. 493 ; In re Irwin [1904], 2 Ch. 759.] A. B. conveyed freeholds to trustees and their heirs, in trust for his wife during widowhood, and afterwards on trust to convey and divide "such estate and premises " amongst the children and the issue of their children who should be then living as tenants in common (the issue of any deceased child to take their parent's share). Held, first, that "issue" must be read children, and secondly, that the children and their issue took life-estates only. A. B. voluntarily covenanted to surrender copyholds on trusts for his children. Held, that equity would not compel any act to be done for the purpose of carrying the covenant into effect. Gift by will to daughters for life, and afterwards to " pay and divide " amongst their issue [children] then living at twenty-five, the whole interest being given in the meantime for their maintenance during minority. Held, that the gift to the children was not too remote. A testator devised his real and personal estate to trustees and their heirs, upon trust to sell, if expedient, and invest in consols, and permit his wife, durante viduitate, to receive the rents and dividends, and from and after her decease or second marriage, to divide " the residue of his estate and effects " between his children [without words of inheritance]. Held, that (subject to the wife's interest) the children took the real estate absolutely. John Miller Vernon, by his will dated the 3d of April 1824, and attested as by law required, devised and bequeathed as follows : - " And aa to all the rest, residue and remainder of my estate and effects both real and personal, wheresoever the same may be, and of whatsoever consist, which, at the time of my decease, I may be possessed of, interested in or entitled unto (except my freehold at Bath, copyholds at Kennington and leasehold at No. 45 Burton Street, Burton Crescent, which, being purchased with the funds of a former settlement made on my wife and children, by virtue of a power therein, and which I am about again to settle on my said wife and children upon similar trusts as before, and which are to be subject to such intended settlement, but so far as the same may be subject to my will and disposition, I direct and appoint the same shall go and be disposed of as in this my will is hereinafter directed), I give, devise and bequeath to my said wife Lucy Jane, to my brother William Henry Vernon and to George Bankes, and the survivor of them, and the heirs, executors and administrators of such survivor, upon trust to sell and convert my said free-[605]-hold, leasehold and personal estate into money, if they shall consider the same expedient and more for the benefit of the parties interested, and invest the same in their joint names in Government 3 per cent, consolidated annuities ; " &c., " and to permit and suffer my said wife, so long as she shall remain my widow and unmarried, to receive and retain the dividends and produce of such Government funds, or otherwise such rents, profits and dividends on such Government funds, for her own support and maintenance, and for supporting, maintaining, clothing and educating such of my dear children as may be living at my decease or born after- 39BEAV.M6. TATHAM V. VERNON 763 warda, until their several ages of twenty-one years (subject to such portions and payments to be made thereout as hereinafter mentioned). And from and after the decease of my said wife, or her marriage (which shall first happen), in truxt to divide the said residue of my estate, and effects in equal shares between my said children, and to pay and apply the yearly produce of each child's share, as the same shall be gotten in and received, or a competent part thereof, to each child's education and maintenance until the age of twenty-five years, and to pay and transfer each son's share to him at the age of twenty-five years, with accumulations thereof, but as to the share of each daughter, to pay the interest, dividends and yearly produce thereof to each daughter, from time to time, during the term of her natural life, and from and after the decease of such daughter, in trust to pay and divide her share to and amongst the issue lawfully begotten of such daughter, equally share and share alike, at their several ages of twenty-five years, and, in the meantime, the interest and dividends of such daughter's share to go and be applied in the maintenance, support and education of such child's issue during his, her or their respective minorities in equal portions." [606] " Provided always that my said trustees shall have liberty to apply any sum not exceeding 300 as an apprentice or article fee for putting out each son, and a further sum hereafter, should it he required, not exceeding 300, for the purpose of setting up each son in a profession or business, if proper occasion offers and they my said trustees shall approve thereof, but which sum...
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