Wilkinson v Duncan
| Jurisdiction | England & Wales |
| Judgment Date | 23 July 1861 |
| Date | 23 July 1861 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 831
ROLLS COURT
S. C. 30 L. J. Ch. 938; 5 L. T. 171; 7 Jur. (N. S.) 1182; 9 W. R. 915.
30 BEAT. 111. WILKINSON V. DUNCAN 831 [111] wilkinson v. duncan. July 22, 23, 1861. [S. C. 30 L. J. Ch. 938; 5 L. T. 171; 1 Jur. (N. S.) 1182; 9 W. R. 915.] When there is a gift to a class, some of whom are within the rule against perpetuities, and some not, but the class itself, and the shares of each, cannot be ascertained within the legal limits as to time, the whole gift is void. But where the individual shares of the members of the class can be ascertained within the proper periods, the gift is Talid as to those within the rule against perpetuities, though invalid as to the rest. Property was bequeathed by an uncle in trust for his nephew A. for life, with power to him to appoint it amongst his children. A. directed the trustees " to pay 2000 to each of his daughters, as and when they should respectively attain twenty-four years of age," and to pay the residue " between his sons equally, as and when they should respectively attain twenty-four years of age." Held, that the bequests were valid as to such of A.'s daughters as were three years of age at hia death, but void for remoteness as to the rest. George Wilkinson, the uncle, died in 1836, having by his will bequeathed the residue of his personal estate, and the produce of real estate to trustees, upon trust for his nephew George Wilkinson for his life, and from and after his decease upon the following trusts for his children :- " Upon trust for all and every, or such one or more exclusively of the others or other of the children or child of George Wilkinson, in such manner and form, and if more than one, in such parts, shares and proportions, and with such limitations over and substitutions in favor of any one or more of the others of the said children, and to vest and be payable and paid, transferred and assigned, at such time or times, age or ages, and upon such contingencies, and under and subject to such directions and regulations for maintenance, education or advancement, aa George Wilkinson " by deed or will " shall from time to time direct and appoint; and in default of and subject to such direction or appointment, and so far as any such, if incomplete, shall not extend, upon trust for all and every the children and ehild of the said George Wilkinson, who being a son or sons shall live to attain the age of twenty-one years, or being a daughter or daughters shall attain that age or be married, to be equally divided between such children, if more than one, in equal shares and proportions, as tenants in common." [112] The will contained no hotchpot clause. George Wilkinson the nephew made his will in November 1858, whereby, after reciting his uncle's will, and the power of appointment over his residuary estate therein contained, and that the residuary estate consisted of...
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HM Revenue and Customs v Trustees of the Peter Clay Discretionary Trust
...The task, said Sir John Romilly MR, was to devise a “fair mode of dealing with the case” as between tenant for life and remainderman – Wilkinson v Duncan (1857) 23 Beav 469 at 472; 53 ER 184 at 185–6. A complicated apportionment ensued—see also in Re Earl of Chesterfield's Trusts (1883) 24 ......
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Re Hallinan's Trusts
...creation of the power, in that case there is a good exercise of the power, and I so hold in this case. r. w. l. (1) 7 Ir. Eq. R. 95. (2) 30 Beav. 111. (1) 30 Ch. D. (2) 30 Beav. 111. (3) 4 M. &C. 187. (4) 7 Ir. Eq. R. 95. (1) 7 Ir. Eq. R. 95. (1) 7 Ir. Eq. R. 95. (1) Amb. 479. (2) 2 H. Bl. ......