Re Robertson's and Cardew's Trusts

• Jurisdiction: Ireland
• Judgment Date: 01 January 1960
• Date: 01 January 1960
• Docket Number: (1959. No. 346.)
• Court: High Court

(1959. No. 346.)

In re Robertson's and Cardew's Trusts.

In the Matter of ROBERTSON'S and CARDEW'S TRUSTS. ROBERTSON

and

ROBERTSON and OTHERS

Settlement on marriage - Power of appointment - To spouses by deed jointly or to survivor by deed or will or codicil - Will and codicil of survivor - Will made before, codicil made after, death of spouse - General reference in will to powers of appointment - No reference in will to special power - Reference in codicil to death of spouse - No reference in codicil to powers - Disposition of property - Whether valid exercise of power of appointment.

Summary Summons.

By an indenture of marriage settlement, made on the 23rd October, 1909, prior to the marriage of Albert John Robertson and Alice Lorna Cardew, which marriage was solemnised on the 26th October, 1909, certain property was assigned by the said Albert John Robertson to trustees on the trusts and subject to the powers and provisions therein contained. The deed provided that the income of the property was to be paid to Albert John Robertson during his life and after his death to Alice Lorna Cardew, if surviving, during her life. The deed then provided:— "And after the death of Albert John Robertson and Alice Lorna Cardew . . . [the trustees] shall stand possessed of the capital and future income . . . in trust for all such one or more exclusively of the others or other of the children or remoter issue of the said intended marriage (such children or issue to take vested interests within twenty-one years from the death of the survivor of the said Albert John Robertson and Alice Lorna Cardew) at such age or time or respective ages or times if more than one in such shares and with such trusts for their respective benefit and such provisions for their respective advancement either after the death of the said Albert John Robertson and Alice Lorna Cardew or during the lives of them or the survivor of them with their or his or her consent in writing and maintenance and education at the discretion of the said trustees or trustee or of any other person or persons as the said Albert John Robertson and Alice Lorna Cardew shall by any deeds revocable or irrevocable jointly appoint and in default of and subject to any such appointment as the survivor of them the said Albert John Robertson and Alice Lorna Cardew shall in like manner by will or codicil appoint . . ." There followed remainders to children of deceased beneficiaries.

On the same date, 23rd October...