Webster v Boddington
| Jurisdiction | England & Wales |
| Judgment Date | 28 July 1858 |
| Date | 28 July 1858 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 845
ROLLS COURT
Observed upon, In re Moseley's Trusts, 1870, L. R. 11 Eq. 500.
[128] webster v. boddington. July 22, 28, 1858. [Observed upon, In re Moseley's Trusts, 1870, L. R. 11 Eq. 500.] A testator gave his residuary estate to his daughter for life, and afterwards to her two sons Henry and Charles, and all other her children thereafter to be born, and the issue of his grandchildren, who, being a son, should attain twenty-one, or being a daughter, should attain that age or marry with consent, equally to be divided, such issue to take a parent's share. Held void for remoteness. The testator, Samuel Boddington, of the City of London, merchant, the father of the Defendant, Lady Webster, by his will made in 1838, devised and bequeathed his real and personal estate to three trustees, upon trust to sell and realize, and to invest and stand possessed of the stocks and securities, " upon trust during the life of my daughter Grace Webster (if they the said trustees or trustee, and when and as soon and at such time or times, as they or he do and shall, in their or his sole arid uncontrolled and unaccountable discretion, think fit), in the first place to set apart and appropriate, out of the said dividends, interest and annual proceeds, so much and such part or parts thereof as they the said trustees or trustee shall determine and think 846 WEBSTER, V. BODDINGTON 2 BEAV. 129. proper, and to apply the same for and towards the education and maintenance, or otherwise for the support and benefit of my two grandsons Henry Boddington Webster and Charles Fox Webster, the sons of my daughter Grace Webster, and for all and every other her children or child, if such there shall be, and their issue respec-[129]-tively, and whether such grandchildren or issue respectively be minors under the age of twenty-one years or not, but so as that not more than the clear sum of 400 of lawful money of Great Britain be so appropriated or applied for each such grandchild or issue in any one year;" and, subject thereto, upon trust, during the natural life of Lady Webster, to pay the dividends, interest and annual proceeds to Lady Webster for her aole and separate use, without power of anticipation. And from and after her decease, " upon trust for my said two grandchildren Henry Boddington Webster and Charles Fox Webster, and all and every other the child or children of my said daughter Grace Webster hereafter to be born, if any, and whether of her present or any future marriage or marriages, or the issue of such grandsons respectively, or other child or children, in such parts, shares and proportions, and subject to such conditions, restrictions and limitations over, such limitations over to be for the benefit of some or one of the said grandsons and other children or issue, as my said daughter Grace Webster (but always with the approbation of the said trustees or trustee for the time being of this my will, signified in writing under their or his hands or hand) shall, notwithstanding her coverture, by any deed or deeds, or other instrument in writing, with or without power of revocation, to be by her sealed and delivered iu the presence of aud attested by two or more witnesses, or by her last will and testament in writing, or any codicil or codicils thereto, or any other testamentary writing, to be signed by her in the presence of and to be attested by the like number of witnesses, shall director appoint. And in default of any such direction or appointment, then in trust for all and every my said grandsons and other the child and children of my said daughter Grace Webster hereafter to be born (if any), and whether of her present or any future [130] marriage or marriages, and the issue of such grandsons or other child or children luho being a son or sons sliall live to attain the aye of twenty-one yearn, or being a daughter or daughters shall live to attain that age, or be married under that age with the previous consent of my said daughter (if living), equally to be divided between or amongst them (if more than one) share and share alike, such issue taking a parent's share." "Provided nevertheless, and I declare and direct that if there shall not be any children or child or other issue of my said daughter, who, being a son, shall live to attain the age of twenty-one years, or, being a daughter, shall...
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