Vawdry v Geddes
Jurisdiction | England & Wales |
Judgment Date | 04 February 1830 |
Date | 04 February 1830 |
Court | High Court of Chancery |
English Reports Citation: 39 E.R. 78
HIGH COURT OF CHANCERY
S. C. Tamlyn, 361; 8 L. J. Ch. (O. S.), 63. See Watsonv. Heyes, 1839, 5 myy. & Cr., 133; Lister v. Bralley, 1841, 1 Hare, 14; Saunders v. Vautier, 1841, Cr. & Ph., 248; Festing v. Allen, 1842-44, 5 Hare, 578; Daries v. Fisher, 1842, 5 Beav., 210; Packham v. Gregory, 1845, 4 Hare, 399. Followed Re Bulley's Trust Estate, 1865, 13 L. T., 265. See Spencer v. Wilson, 1873, L. R. 16 Eq., 513; Patching v. Barnett, 1880, 49 L. J. Ch., 669; Re Martin, 1887, 57 L. T., 473.
--/* ' , fi6 [203] vawdry v. geddem. Holla. Jan. 27, Feh. 4, 1830. ta : l*fll-* : te? [S. C. Tamlyn, 361 ; 8 L. .1. Ch. (O. S.), 63. See Wahon. v. Hei/e.% 1839, 5 My. & Cr., 133 ; Lister v. Bra/llei/, 1841, 1 Hare, 14; Saundern v. Vautiri; 1841, Cr. & Ph., 248; Festingv. Allen, '1842-44, 5 Hare, 578 ; Doxies v. Fixke,; 1842, 5 Beav., 210; Packham v. Gregory, 1845, 4 Hare, 399. Followed Re Biilhi/'n Trust Estate, 1865, 13 L. T., 265. See Spencer v. Wilson, 1873, L. R. 16 Eq., 513 ; * Patching v. Bamett, 1880, 49 L. J. Ch., 669 ; Re. Martin, 1887, 57 L. T., 473.] A testatrix gave the interest of her residuary estate to her four sisters during their lives, and directed that, on their deaths, the interest of their respective shares should, at the discretion of her executor, be applied to the maintenance and education, or accumulated for the benefit of the children of each of them so dying, until such children should respectively attain the age of twenty-two years, when they were to be entitled to their mother's share of the principal; with limitations over, in the event of the death of any of them under that age : Held, that the children of the sisters were not to take a vested interest, till they attained twenty-two: And, that all the gifts, subsequent to the life estates given to the sisters, were void, as being too remote. The testatrix, Amy Seaman, after giving some legacies, and directing by her will the sale of certain property in manner therein mentioned, proceeded in the words following:-" And I do direct that the money to be paid for the same, and all the produce of the residue of my estate and eft'ects, after paying the before-mentioned legacies and funeral expenses, and any debts which I may owe, shall be placed out 1 RUSS. & M. 204. VAWDRY V. GEDDES 79 upon mortgage or Government security, and the interest, dividends, or produce thereof, shall be equally divided between my four sisters, for their sole and separate use, and...
To continue reading
Request your trial-
James v Lord Wynford
...Bridget is void for remoteness. The gift is to a class not in being, on their attaining twenty-five, and it is void: Vawdry v. G-eddes (1 Russ. & My. 203), Jee v. Audley (1 Cox, 324), Batsford v. Kebbell (-3 Ves. 363). Although Robert was described by name, yet, as he was associated with th......
-
Doe, on the demise of John Dolley, against Ward and Others
...And in that case, as here, there was a gift over if the children should all die under twenty-three, without issue. In Vawdry v. Geddes (1 Russ. & M. 203), the testatrix left the interest or produce of certain funds to her sisters during their lives, and directed the same, after their deaths......
-
The 11 & 12 Vict. C. 48, and The Trusts of The Will of John Bourke, in Relation to A Legacy Thereby Bequeathed
...2 Mer. 363. Bell v. CadeENR 2 J. & H. 122. Billing v. Sandom 1 Br. C.C. 393. Bull v. PritchardENR 1 Russ. 213. Vaudry v. GeddesENR 1 Russ. & M. 203. Wilson v. KnoxUNK 13 L. R. Ir. 349. Spencer v. WilsonELR L. R. 16 Eq. 501. Jeffray v. TredwellELR [1891] 2 Ch. 640. Neary's EstateUNK 7 L. R. ......
-
The Trusts of the Will of Thomas Bartholomew, and the Act
...Bull v. Pritchard (1 Russ. 213), Newman v. Newman (10 Sim. 51), Festing v. Allen (12 M. & W. 279). In the case of Fawdry v. Geddes (1 Russ. & M. 203), the trusts for maintenance were in the same words as in this will, and the legacy there was held to be contingent. In the ease of Watson v. ......