Thomas v Wilberforce
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1862 |
| Date | 05 May 1862 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 1153
ROLLS COURT
[299] thomas v. wilberforce. May 5, 1862. Gift of residue of real and personal estate to A. for life, and after her decease, in trust for all her sons and daughters who should attain twenty equally, with a power to apply the "annual income or fund," for their maintenance or "benefit" during their " minority : " Held, void for remoteness. The testator, Richard Thomas, by his will, devised his real estate to trustees for sale and to hold the produce thereof and of his residuary personal estate in trust, as to one-third for his son John Harrison Thomas absolutely, and as to the one other third, in trust for such of the children of his late son Richard as should attain twenty-one, and to hold the remaining third part in trust for the testator's daughter Sarah, R. vii.-37 1154 THOMAS V. WILBERPORCE 31 BEAV. 300. the wife of William Walker, for life. The testator then proceeded thus:-" And immediately after the decease of my said daughter, as to as well the capital of the said one-third part or share as the annual income thenceforth to accrue due for the same, in trust for the son or daughter, if only one, or all the sons and daughters, if more than one, of my said daughter, who, either before or after her decease, shall attain the age of twenty-two years, such sons and daughters, if more than one, to take in equal shares. But if no such son or daughter shall attain that age, then in trust, as to one moiety or equal half part thereof, for my said son John Harrison Thomas, his executors, administrators and assigns, and as to the other moiety, or equal half thereof, upon the trusts and for the ends, intents and purposes, and generally in such manner as is hereinbefore declared concerning the one-third part of my said residuary personal [300] estate given to or in favor of the children of my said late son Richard Thomas. I empower the executors for the time being of this my will, during the minority of my said grandchildren, to apply the whole or such part as they shall think fit of the annual income or fund to which each such grandchild shall be entitled, in or towards the maintenance and education, or otherwise for the benefit of such grandchild. I appoint the said Henry Wilberforce and John Harrison Thomas executors of this my will." The testator died in August 1859, leaving both real and personal estate. His daughter Sarah Walker was still living and had one child only, viz...
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