The Trusts of the Will of Thomas Bartholomew, and the Act
| Jurisdiction | England & Wales |
| Judgment Date | 16 November 1849 |
| Date | 16 November 1849 |
| Court | High Court of Chancery |
English Reports Citation: 41 E.R. 1302
HIGH COURT OF CHANCERY
S. C. 16 Sim. 585; 1 H. & Tw. 565; 19 L. J. Ch. 237; 14 Jur. 181. See Locke v. Lamb, 1867, L. R. 4 Eq. 379; In re Downe's Trust, 1870, 23 L. T. 588.
1302 IN BE BARTHOLOMEW 1 MAC. ft 0. SM. In the Matter of the trusts of the will of thomas bartholomew, and In the Matter of the act 10 & 11 vigt. c. 96. Nov. 13, 16, 1849. [S. C. 16 Sim. 585; 1 H. & Tw. 565; 19 L. J. Ch. 237; 14 Jur. 181. See Locke v. Lamb, 1867, L. R. 4 Eq. 379; In re Downe's Trust, 1870, 23 L. T. 588.] A testator, by his will, directed the investment of 2000, and the payment of the interest to his daughter for life, and from and after her death declared that the trustees should hold the fund upon trust, to pay the same or assign the securities, whereon the same might be then placed or invested, unto, between, and amongst all and every the child and children of his said daughter, as and when they should severally attain the respective age of twenty-one years, in equal shares and proportions, share and share alike, " to whom I give and bequeath the same accordingly." Held, that these words contained a direct gift, independently of the direction to pay, the words " to whom " referring to all and every the child and children of the testator's daughter; and, consequently, that a child of the testator's daughter, dying under twenty-one, took a vested interest in the legacy. This was an appeal from an order made by the Vice-Chancellor of England on the 31st March 1849, directing the payment to Samuel Trought of a sum of 1980, which had been paid into Court by the trustees of the will of Thomas Bartholomew, under the provisions of the Act 10 & 11 Viet. c. 96. The testator, by that portion of his will, on the construction of which the question was raised by the petition, gave and bequeathed to his trustees the sum of 3500 of lawful money of Great Britain, to be paid to or retained by them at the expiration of six calendar mouths next after his decease, upon the trusts thereinafter named concerning the same; that is to say, as to, for, and concerning the sum of 1500, part of the said sum of 3500, upon certain trusts therein mentioned, [355] and not material to be herein particularly stated, being in favour of Lucy Bartholomew, the eldest of the testator's two daughters and her children; and the testator then proceeded as follows:-"And as for and concerning the sum of 2000, the remainder of the said sum of 3500, upon trust that they, my trustees, and the survivor and survivors of them, his executors, and administrators, do and shall place out and invest the same at interest in their or his names or name, in Government, real or other sufficient security, and vary, alter, and transfer such last-mentioned securities for any others of a similar nature, at discretion, in trust for my daughter, Mary Ann Buller Bartholomew, and pay or cause to be paid the annual dividends and interests thereof, when and as the same shall be received, into the proper hands of my said daughter Mary Ann, to and for her sole and separate use and benefit for and during the term of her natural life ; and from and after the decease of my...
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King v Isaacson
...case (3 Kep. 16), Doe d. Wheedon v. Lea (3 T. E. 41). , : [373] The same rule is equally applicable to personal estate: Ee Bartholomew (1 Mac. & G. 354), Saucers v. Vautier (Cr. & Ph. 240), Harrison v. Grimwood (12 Beav. 192). In Phipps v. Ackers (9 Gl. & F. 583) and Hunter v. Judd (4 Sim. ......
- The Trusts Created by the Will or Thomas Bartholomew. and 10 & 11 Vict. c. 96 for Better Securing Trust Funds and for the Relief of Trustees