Exham v Beamish

• Jurisdiction: Ireland
• Judgment Date: 28 November 1939
• Date: 28 November 1939
• Court: High Court

Exham

and

Beamish

- Voluntary settlement -Freehold lands settled by husband and wife -Settlers tenants for life - Provision for children and grandchildren - Period for ascertaining class - Whether limitations for grandchildren void for remoteness - Admissibility of after events to determine remoteness under powers of appointment -Admissibility of evidence as to the age of childbearing -How far judicial decisions in Ireland before the Treaty and English decisions which were followed are now binding upon the Court.

Freehold land was settled by a husband and wife by a voluntary deed unto and to the use of them (the settlors) and their assigns during their joint lives and after the decease of either of them to the use of the survivor during his or her life, and after the decease of the survivor upon trust by demised sale or on mortgage of the settled hereditaments to raise and levy the sum of £7,000 for their younger children, and, subject thereto, to the use of their eldest son for life with remainder to his son or sons as he should appoint, with remainder to the use of their second son for life with remainder to his son or sons in like manner, with remainder to the use of their two daughters, equally, as tenants in common and of their assigns during their lives, and after the decease of either of them to the use of the child, if but one, or of the children equally share and share alike, and of his, her or their heirs as tenants in common if more than one of such of them the said two daughters as should first happen to die, until the day of the decease of the survivor of the said two daughters, but if there should be no such children, or there being such, they should all happen to die under the age of 21...