Robinson v Moore and Ors

• Jurisdiction: Ireland
• Judgment Date: 01 January 1963
• Date: 01 January 1963
• Court: High Court

(H.C.)

Robinson

and

Moore and Ors

Trust to apply income for education and maintenance of beneficiaries on attaining majority and until marriage - Fund to be settled on marriage -Special power of appointment - No estate given to objects - No gift over in default of appointment.

The testator bequeathed £25,000 3% Government Stock to trustees in trust for his five grandchildren (named Atkinson), one half of the income to be applied for the education and maintenance of the grand-son, during minority, and of four grand-daughters during minority and discoverture, the other half of the income to be accumulated. In the event of the grand-son dying under twenty-one years or any grand-daughter dying under that age and unmarried, such grand-child's share was to accrue to the survivors in equal shares on the same trusts as the original sums and the annual produce thereof. The testator provided that the annual produce of £5,000 of the said stock was to be paid by the trustees to each of his said five grand-children, payment to commence to the grand-son when he attained twenty-one years and to each of the grand-daughters when she attained this age or married. He also declared that on the marriage of each of his said grand-children one of the said sums of £5,000 stock, with the accumulations and any additional share that may have accrued, should be settled as set out in the said will, which settlement would have the effect of disposing of the whole interest in the fund. The will then provided that any grand-child who attained the age of twenty-one years and who did not marry was empowered by will or codicil to appoint the said sum of £5,000 (with accumulations and accrued shares) among the survivors of the said grand-children or any of them but, if all of them should be then dead, to the children of the said grand-children in such shares and proportions as to such grand-child so attaining age and dying unmarried should seem fit and, in default of any such children of the grand-children, then such grand-child might dispose of the said sum as he or she might think fit. The testator made a similar bequest in like manner and upon like trusts in favour of four other grand-children (named Hayes) with almost identical powers and provisions as those declared in respect of the Atkinson trust. Three children of the testator died unmarried having attained twenty-one years and without having exercised the power of appointment. The residue was bequeathed upon trust to...