References: [1844] EngR 773, (1844) 14 Sim 234, (1844) 60 ER 348
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By a marriage settlement, the trustees were directed, after the decease of the survivor of the husband and wife, to convey, assign and deliver the settled property to such children or child of the marriage, or the lawful issue of such who should or might be living at the decease of the survivor, and who should attain twenty-one, to whom the husband and wife should jointly appoint, or to whom the survivor of them should appoint; and in default of appointment, to permit the property to be held and enjoyed by and equally between ail the children of the marriage and the survivors of them, and the lawful issue of such children or child so surviving the husband and wife and attaining twenty-one, such issue representing and taking the share that the parent would have taken if living.
Held, that the words in the clause creating the power, ”who shall or may be living at the decease of the survivor,’ referred to the children of the marriage, and not to their issue ; and, therefore, that clause exceeded the limits prescribed by law ; and, consequently, that an appointment made to the son of a daughter of the marriage was void.
Last Update: 12-Jan-16 Ref: 305365
