The Trusts of the Will of George Crawhall, and of The Act for the Relief of Trustees
| Jurisdiction | England & Wales |
| Judgment Date | 17 July 1856 |
| Date | 17 July 1856 |
| Court | High Court of Chancery |
English Reports Citation: 44 E.R. 475
BEFORE THE LORDS JUSTICES.
S. C. 2 Jur. (N. S.), 892. See Kumar Tarakeswar Roy v. Kumar Shoshi Shikhareswar, 1883, L. R. 10 Ind. App. 60.
[480] In the Matter of the trusts of the will of george crawhall, and of the act for the relief of trustees. Before the Lords Justices. July 11, 12, 17, 185(5. [S. C. 2 Jur. (N. S.), 892. See Kumar Tarakeswar Pioy v. Kumar Shoshi Shikhareswar, 1883, L. R. 10 Intl. App. GO.] A testator bequeathed a fund in trust for his sister A. for life, and after her death to be divided between the children of his sisters B., C. and D. who should survive the testator, such children taking per xtirpes " with benefit of survivorship among members of the same family." Held, that the latter words of themselves meant survivorship at the death of the tenant for life, and could not be otherwise interpreted by comparison with other bequests in the same will, shewing an intention that those bequests should not go over if the legatee had children. Held also, that the survivorship applied to accrued shares. Where a testator bequeathed a fund in trust for the children of his late sister A. (the issue of her daughter B. excepted), and of his sisters C. and D. per stirpes : Held, that grandchildren of C. were entitled to participate. This was an appeal from a decision of Vice-Chancellor Wood on the construction of a bequest contained in the will of George Crawhall, dated the 31st of May 1850, whereby, after making various specific and pecuniary bequests, the testator bequeathed to trustees a sum of 2000 upon trusts, by reference to which the trusts of the fund in question in the suit were declared. The trusts as to the 2000 were to invest that sum in manner in the will mentioned, and during the lifetime of the testator's niece, Frances, wife of William Little, to pay to her the interest and annual proceeds of the trust fund for her separate use. And the testator directed that after the decease of Frances Little the 2000 and the interest and annual proceeds thereof should remain and be in trust for all or any one or more of her children, if more than one, in such shares and proportions, and whether one or more, at such age or ages, or time or times, with such conditions and in such manner, as Frances Little, whether covert or sole, should by deed or will appoint the same; and in default of such appointment, in trust for all the children or the only child, as the case might be, of Frances Little who [481] should attain twenty-one; and if more than one, in equal shares as tenants in common ; but so that no child taking under any appointment...
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