Webb v The Earl of Shaftesbury. The Earl of Shaftesbury v Arrowsmith
| Jurisdiction | England & Wales |
| Judgment Date | 31 July 1802 |
| Date | 31 July 1802 |
| Court | High Court of Chancery |
English Reports Citation: 32 E.R. 194
HIGH COURT OF CHANCERY
See Cafe v. Bent, 1843, 3 Hare, 249.
webb v. The Earl of .shaftesuuiiy. The Earl of siiaftesbury v. arrowsmith. July 30th, ?,!*(., 1802. [See Cafe v. Bent, 184:!, 3 Hare, 24'J.J The Court controls a trustee in the exercise of: a power to appoint new trustees, though given in very large words. A trustee and executor, though taking under the Will a commission as a satisfaction for his trouble, entitled to allowances under a general trust to set and manage, as he should think proper, and out of the rents and profits to pay all rates and taxes, charges of repairs, stewards, bailiffs, and gamekeepers, salaries and expences, and all other charges and expences he should think proper. But he was not allowed to appoint an establishment, gamekeepers, &c., except as the due management required. Inquiry therefore directed as to that: and whether the liberty of sporting during the continuance of the trust could be let for the benefit of the Cestui que trust : if not, the game belongs to the heir. Election between claims against a Will and under it; though remote interests. Sir John Webb by his Will devised all his real estates in the county of Gloucester to Edward Arrowsmith, his heirs and assigns ; upon trust to set and manage, as he should think proper, and out of the rents and profits to pay all rates and taxes arid the charges of repairs, and stewards', bailiffs', and game-keepers' salaries and expences, and all other charges and expences, which he and they should think proper, and the commission after-mentioned ; and after these payments, upon trust, until his grand-daughter Lady Barbara Ashley should attain the age of twenty-one, or many, to invest the surplus from time to time in real or Government securities, and upon her attaining that age [481] or marrying to convey the estates and transfer the accumulations to his said grand-daughter, her heirs, executors, &c., with other remainders over. The testator also gave all his real estates in the county of Dorset to Arrowsmith, in the same manner and with similar powers ; directing an accumulation of the rents and profits during the lives of Lady Barbara Ashley, and her mother Lady Shaftesbury, and after the decease of the survivor to convey and transfer to the children of Lady Barbara Ashley, as therein mentioned. He gave all the residue of his real estates to ArrowsmitJi, his heirs and assigns ; upon trust to raise such sums of money for the payment of his debts, &c., as his personal estate should fall short of paying; and as to all h is estates in the county of York he devised the same to Arroiosmith, his heirs and assigns ; upon trust to let and set, &c., anddeduct such commission, as before mentioned as to the Gloucestershire estates; and, until his natural son James Webb should attain the age of twenty-one, to pay such sums out of the rents and profits, as Arrowsmith^ his heirs or assigns, should think proper for the maintenance and education of James Webb, and for his advancement and preferment in the world ; and after twenty-one until twenty-five to pay him £1200 a-year ; and to invest the surplus rents from time to time in real or Government securities ; and upon his attaining twenty-five to transfer to him the accumulation ; and in case of his death under that age to his children...
To continue reading
Request your trial
-
Re Circle Trust
...Trust Co. Ltd.(1994), Bermuda Supreme Ct., July 13th, 1994, unreported, considered. (13) Webb v. Earl of Shaftesbury(1802), 7 Ves. 481; 32 E.R. 194, considered. (14) Wills” Trust Deeds, Re, [1964] Ch. 219; [1963] 1 All E.R. 390, referred to. (15) Z Trust, In re, 1997 CILR 248, applied. Trus......