Testatrix bequeathed the residue of her funded property in trust for her niece for life, and, after her death, to be equally divided amongst all her children, whether sons or daughters, share and share alike: in case it should happen that there was but one child at the niece’s death, then to go to that one only child ; and in case of failure of issue to go as the niece should appoint by her will. The niece had eleven children, three of whom died in her lifetime. Held, that all the children took vested interests, and, as more than one survived their mother, there was no divesting of interests.
[1842] EngR 1223 (B), (1842) 13 Sim 267
Commonlii
England and Wales
Updated: 21 September 2021; Ref: scu.308178