The Trusts of Hutchinson's Settlement and The Trustee Relief Act, 1847. ex parte Dunn
| Jurisdiction | England & Wales |
| Judgment Date | 01 June 1852 |
| Date | 01 June 1852 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 1297
HIGH COURT OF CHANCERY
S. C. 17 Jur. 59.
[681] In the Matter of the trusts of hutchinson's settlement. And in the Matter of the trustee relief act, 1847. Exparte dunn. May 28, June 1, 1852. [S. C. 17 Jur. 59.] By.a settlement trustees were directed to be possessed of £1760 in trust for a daughter^ and her sons at twenty-one, and daughters at twenty-one or marriage. Like trusts of two other sums of £1760 were declared for two other daughters and their children. Benefit of survivorship and accruer between the three daughters and their children, in default of children, was declared, with a declaration that the provisions applicable to the original shares should apply to such surviving or accrued shares; and.it was provided that, if either of the three daughters should die without having or leaving any child who should attain a vested interest, she might dispose of any part of " her share " not exceeding one-third, by deed or will. On the death of one of the three daughters, her share accrued among the survivors; one of the survivors then died without a child, and appointed by will " one-third of her share or shares, as well accrued as original, in the said sum of £5280." The trustees paid so much of the share of the testatrix as had accrued into Court, under the Trustee Relief Act. Held, that the previous provisions of the settlement consolidated the accrued with the original shares, and that the power to appoint overrode the whole share thus consolidated. By an indenture of settlement, dated the 2d of May 1807, and made between James Hutchinson of the one part, and Robert Sherson, Bury Hutchinson and George Watts, of the other part, it was declared that the said Robert Sherson, Bury Hutchinson and George Watts, their executors and administrators, should stand possessed of £5280 consols, which the said James Hutchinson had transferred into their names, and the dividends thereof, upon trust to pay the dividends of £1760, part thereof, to Elizabeth Ursula Hutehinson (a daughter of the said James Hutchinson, or to her appointees, during her life, for her separate use; and, after her decease, upon trust to pay, assign or transfer the same sum unto and among her child and children; with the usual trusts or powers for the maintenance and education and advancement of the said child or children...
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