Wilson v Mount
| Jurisdiction | England & Wales |
| Judgment Date | 10 May 1854 |
| Date | 10 May 1854 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 362
ROLLS COURT
S. C. 2 W. R. 448. See In re Orlebar's Settlement Trusts, 1875, L. R. 20 Eq. 717.
362 WILSON V. MOUNT a '/ Ici-Ai 19BBAY-2M- [292] wilson v. mount. May 10, 1854. [S. C. 2 W. R. 448. See In re Orlebar's Settlement Trusts, 1875, L. R. 20 Eq. 717.] Bequest of 2000, in trust to pay one-half of the interest to Nathaniel for life, and the other to Thomas for life, and afterwards to their wives for life ; and in case, at the death of Nathaniel and wife, there should be issue of Nathaniel, to transfer a moiety to the children at twenty-one; and in case there should be no such issue, or they should die under twenty-one, then over. "And so, in like manner, upon the decease of Thomas and wife, the other half to be transferred to his lawful issue;" and in case of no such issue, or they shall all depart this life before they shall attain twenty-one, then over. Held, that a child of Thomas who attained twenty-one, but died in the life of her mother, took no interest. The testator, Thomas Fletcher, by his will, dated in 1792, bequeathed 2000 to his executors and trustees, in trust to invest the same in their names, in consols, and he proceeded :-" And to pay one moiety or half part of the interest thereof to my nephew Nathaniel Mason, during his life, and the other moiety or half part of the said interest to my nephew Thomas Mason, during his life ; and in case they shall be married at the time of their deaths, and their wives shall survive them, then to pay one moiety or half part thereof to each of their wives during their natural lives; and in case, at the time of the decease of the survivor of the said Nathaniel Mason and his wife, there shall be living lawful issue of the said Nathaniel Mason, I direct one moiety or half part of the said 3 per cent, consolidated Bank annuities to be transferred to the children of the said Nathaniel Mason, equally amongst them if more than one, and if only one, to such only child, to be transferred to them, him or her, upon the attainment of their respective ages of twenty-one years; and in case there shall be no such issue of the said Nathaniel Mason, or they shall depart this life before they shall attain the age of twenty-one years, then upon trust to transfer the said moiety as Nathaniel Mason shall, by his will, appoint, and in default, to his executors, &c. " And so, in like manner, upon the decease of the survivor of them, the said Thomas Mason and his...
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