The Trustee Relief Act, 10 & 11 Vict c. 96. and The Trusts of the Will and Codicils of Mary Brown
| Jurisdiction | England & Wales |
| Judgment Date | 07 June 1855 |
| Date | 07 June 1855 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 566
HIGH COURT OF CHANCERY
S. C. 3 W. R. 542. See Springett v. Jenings, 1870-71, L. R. 10 Eq. 496; L. R. 6 Ch. 336. Explained and distinguished, In re Mason [1900], 2 Ch. 199; [1901], 1 Ch. 619; [1903], A. C. 1.
Appointment. Specific Devise. Lapse. Void Gift. 1 Vict. c. 26, ss. 25 and 27.
[522] In the Matter of the trustee belief act, 10 & 11 vict. c. 96. And in the Matter of the trusts of the will and codicils of mary brown. June 6, 7, 1855. [S. C. 3 W. E. 542. See Springett v. Jenings, 1870-71, L. E. 10 Eq. 496; L. E. 6 Ch. 336. Explained and distinguished, In re Mason [1900], 2 Ch. 199; [1901], 1 Ch. 619 ; [1903], A. C. L] Appointment. Specific Devise. Lapse. Void Gift. 1 Viet. c. 26, ss. 25 and 27. A married woman having a power of appointment under her marriage settlement over estates A. and B., appointed by will, in September 1838, estate A. to her husband, in fee; "and all other the hereditaments comprised in the settlement not hereinbefore disposed of " to another person. By codicils to her will she revoked the appointment of estate A. to her husband, and gave him the same estate for life, with remainder to trustees to sell and pay certain legacies, and pay the residue to charities. Held, that the devise of "all other the hereditaments," &c., by the will was not residuary, but specific; and that the void gifts to the charities did not pas.s by it, but lapsed as unappointed. By indentures of lease and release, being a settlement dated in May 1832, and made previously to the marriage of Thomas Brown and Mary Bingham, certain hereditaments described as late Benson's and Harrison's, and certain other hereditaments described as Bingham Lodge farm, were conveyed to trustees, upon trust, as to the estates late Benson's and Harrison's, to pay the rents and profits thereof to Mary Brown for her separate use for life, and after her decease to the use of Thomas Brown and his assigns for his life, and, subject to the uses thereinbefore declared, the estates late Benson's and Harrison's were limited and assured to such uses, upon and for such trusts, to and for such intents and purposes, and with, under and subject to such powers, provisoes, agreements and declarations as Mary Bingham, notwithstanding her then intended or any future coverture, by any deed or deeds legally executed, or by her last will or codicil in writing to be executed as therein mentioned, should from time to time direct or appoint; and in default thereof and subject thereto, to the use of the said Mary Bingham, her heirs and assigns. And as to the Bingham Lodge farm, to the use and intent to raise and pay an annuity of 100 per annum to Thomas...
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