Turvin v Newcome
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1856 |
| Date | 17 November 1856 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 1003
HIGH COURT OF CHANCERY
S. C. 3 Jur. (N. S.) 203; 5 W. R. 35.
Will. Accumulation. Perpetuity.
[16] turvin v. nbwcomb. Nov. 14, 17, 1856. [S. C. 3 Jur. (N. S.) 203; 5 W. R. 35.] Will. Accumulation. Perpetuity. Devise in 1826 of real estate to trustees, in fee, upon trust for one for life, and then for his first and other sons successively in tail, with a direction to the trustees, during the minority of any cestui que trust, to receive the rents and invest and accumulate the same, and to hold such accumulations upon the same trusts as were declared concerning the real estates: Held, that the trust for accumulation was void. Frances Conyers, by her will, dated in 1826, gave and devised her Essex estates to the Defendants, Richard Neweome and Joseph Maberly, and their heirs, in trust for the testatrix's great-nephew, James Michael Hankin Turvin,then James Michael Hankin, and his assigns, for life; and from and after his decease, then in trust for his first and other sons successively in tail; and for default of such issue, in trust for his daughters as tenants in common in tail, with cross-remainders between them in tail; and if there should be but one such daughter, then in trust for such only surviving or only daughter, in tail; and after a direction that the person or persons taking the rents and profits of the said Essex estates should, within twelve months after attaining twenty-one, take and use the surname of Turvin after his or their own family surname or surnames, the testatrix continued her will as follows:-"Provided also, and my will further is, that, during the minority of any person or persons taking any estate or interest in the said farms, lands and hereditaments, under the limitations of this my will, the rents and profits thereof, or of such part thereof as shall have become vested in such person or persons, being a minor or minors as aforesaid, shall be received by my said trustees, or the survivor of them, or the heirs or assigns of such survivor, and shall be by them or him (after making all necessary allowances and payments thereout, and satisfying all expenses incident to the said trust), laid out and invested in their or his [17] names or name, in the public stocks or funds, or upon Government or real securities, at interest; and the interest, dividends and yearly proceeds thereof shall be from time to time invested in like manner, and added to the capital; all 1004 TURVIN V...
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