Westwood v Slater

Reports of CASES DECIDED in the HIGH COURT OF CHANCERY by the Right Hori. Sir J. L. KNIGHT BRUCE, Vice-Chancellor. By JOHN P. DE GEX and JOHN SMALE, of Lincoln's Inn, Esqrs., Barristers-at-Law. Vol. I. Michaelmas Term 1846 to the end of Michaelmas Vacation 1847, with a few Cases in 1848 and 1849. 1849. The cases in the present volume, as far as Habershon . Blurton [page 121] inclusive, are reported by Mr. Collyer. [1] westwood v. slatee. Nov. 19. 20, 1846. Trustees of a settlement were to stand possessed of the trust fund (consisting of twelve fifteenths of a larger fund) in trust as to one share for the settlor's daughter A. for her life, and then for her children, who were to take vested interests, if sons, at twenty-one, and if daughters, at twenty-one or marriage : and if A. should have no children who should live to attain a vested interest in the fund, then to stand possessed of the share so given to A. and her children, in trust as to one moiety for the settlor's daughter B. and her children, and as to the other moiety for his daughter C. and her children, under the same limitations and restrictions to which the gift to A. and her children had been subjected. Then followed similar dispositions of the remainder of the trust fund in favour of B. and her children and C. and her children, with limitations over of each share (in the event of either B. or C. dying without leaving children who should attain a vested interest) to the other two daughters and their children, in moieties as before. But in case there should not be any child or children of A., B. and C. who should live to gain a vested and transmissible interest in the said twelve fifteenth parts, or any part thereof under and by virtue of the settlement, then the trustees were to pay, assign and transfer the whole of the said twelve fifteenth parts unto the next of kin of the settlor. The settlor died, having by his will made A., B. and C. his residuary legatees. After his death C. died without issue. Then B. died without issue, leaving A. surviving her, who had two children, one of whom, a daughter, was married. Held, that A., having a child who had lived to gain a vested and transmissible interest in the fund, was not entitled to any portion of it under the limitation to the " next of kin" of the settlor; consequently, that so much of the fund as did not pass under the limitations other than that to the next of kin resulted to the settlor, and passed under his will to his residuary legatees. By an indenture of settlement, dated the 14th December 1804, and made between Samuel Wells and John Stephens and Elizabeth Catherine, his wife (Elizabeth 945 946 WESTWOOD V. SLATER 1DEG.&SM.2. Catherine being one of the three daughters of Samuel Wells), of the one part, and Henry Deering and Richard B. Slater of the other part, certain lands were conveyed to the parties of the second part, upon trust, subject to the life interest of [2] Samuel Wells therein, to sell the same, and to lay out the monies arising from the sale in the public funds, and to stand possessed as to twelve fifteenth parts of such funds upon the following trusts, namely, as to two fifteenths, upon trust to pay the dividends thereof into the proper hands of Elizabeth Catherine, the wife of John Stephens, for her separate use during her life, and, after her decease, upon trust to pay, assign and.transfer all and singular the said two fifteenth parts unto and amongst all and every the present and future child and...