Chamberlain v Hutchinson: 9 Jul 1856

A lady had a general power of appointing a trust fund by deed or will, and in default, half was limited to A. arid the other to B. By her will, she appointed the fund to her executor arid made it chargeable with her debts and some legacies, and she gave half the residue, composed of the appointed fund and her own property, to A. Held, that the moiety of the fund subject to the power thus appointed in favour of A. passed to the appointor’s next of kin, as part of her estate undisposed of, and not to the executors of A. as in default of appointment.


[1856] EngR 762, (1856) 22 Beav 444, (1856) 52 ER 1179




England and Wales


Updated: 18 May 2022; Ref: scu.291517