Tredennick v Tredennick

• Jurisdiction: Ireland
• Judgment Date: 08 March 1900
• Date: 08 March 1900
• Docket Number: (1899. No. 961.)
• Court: Chancery Division (Ireland)

TREDENNICK

and

TREDENNICK.

(1899. No. 961.)

Chancery Division

Power — Execution — Excessive appointment — Appointment to object for life, with power to appoint by will — Perpetuity — Appointment to A of dividends on securities from January to July, and to B of dividends from July to December — Corpus.

Bray v. Bree 2 Cl. & F. 453.

Freme v. ClementELR 18 Ch. D. 499.

Fry v. CapperENR Kay, 163.

Hales v. Margerum 3 Ves. 299.

Hutchinson v. TottenhamIRIR [1898] 1 I. R. 403; [1899] 1 I. R. 344.

In re OnslowELR 39 Ch. D. 622.

In re Teague's SettlementELR L. R. 10 Eq. 564.

Morgan v. GronowELR L. R. 16 Eq. 1.

Page v. SoperUNK 11 Ha. 321.

Peacock v. FrigoutELR [1893] 1 Ch. 54.

Stuart v. Babington 27 L. R. I. 551.

Turner v. KingELR [1895] 1 Ch. 361.

Wollaston v. KingELR L. R. 8 Eq. 165.

Woolridge v. WoolridgeENR John. 63.

354 THE IRISH REPORTS. [1900. v.-C. TREDENNICK v. TREDENNICK. 1899. Dec. 15. (1899. No. 961.) Power—Execution—Excessive appointment—Appointment to object. for life, with power to appoint by will—Perpetuity—Appointment to A of diviÂdends on securities from January to July, and to B of dividends from July to December—Corpus. By a marriage settlement certain funds were -vested in trustees, upon trust, after the deaths of the husband and -wife, for the children of the marriage, or the issue of such children, who might die leaving issue, as the husband should by deed or will appoint, and in default of such appointment for such children equally. The wife having died, the husband by will appointed that the trustees of the settlement should stand possessed of the trust funds, as to £2000 part thereof for his daughter M., upon the same trusts as were thereinafter declared in respect of her share of his personal estate. He bequeathed his general personal estate to trustees upon trust to realize and pay debts, &c., and bequeathed £2000 to 11., and directed his trustees to retain the said sum, and also the £2000 thereinbefore appointed to her, with power to invest same for her benefit, and to pay the annual proceeds thereof to her for life on her separate receipt, without power of anticipation, and after her decease to pay the principal as she should by will appoint, and in default of appointment to pay same to her next-of-kin, with power to his trustees to hand over the principal to the trustees of any settleÂment which might be executed in the event of her marriage. He made a codicil, and thereby appointed to his said daughter an additional £800, revoked her legacy of £2000 and in lieu thereof bequeathed to her £1200, and directed that the sums to which she should become entitled under the will and codicil, whether by appointment or bequest, should be held by the trustees of his will upon the like trusts for the benefit of his said daughter as were in his will declared concerning the sums by it appointed and bequeathed to her: Held, following Wollaston v. King (L. R. 8 Eq. 165), that the appointÂments of the £2000 and £800 were inoperative beyond the life interest appointed to M., and that on her death these sums passed under the settleÂment as unappointed. M. made her will, and thereby bequeathed to C. all the dividends paid into bank to her account from January to July (specifying certain securities), and to L. the corresponding dividends payable from July to Vox,. I.] CHANCERY DIVISION. 355 December. It was shown by evidence that the securities mentioned repre- V.-C. rented the £1200 legacy in her father's will:— 1899. Held, that the capital was appointed equally between C. and L. THEDENNICIC v. TREDENNICIt ORIGINATING SUMMONS. By settlement dated the 4th June, 1827, and made on the carriage of George Nesbitt Tredennick and Lydia Magee, certain money funds and securities were vested in trustees upon trust for the said G. N. Tredennick for life, then for the said Lydia Magee for life, and after the decease of the survivor of them, and in case there should be two or more children of the marriage, upon trust to pay and transfer the said trust funds unto, between, and amongst such two or more children or the issue of such children who might happen to die leaving issue, or to any or either of such children, &c., at such ages, &c., in such shares, &c., .and subject to such conditions and limitations as the said G. N. Tredennick by deed, &c., or by will or codicil, &c., should apÂpoint ; and in default of such appointment as the said Lydia Magee in case she survived her husband by deed or will, &c., should appoint, and in default of such appointment then upon trust to pay and transfer the said trust funds between and amongst such two or more children equally to be divided amongst them share and share alike as tenants in common, and their respective executors, administrators, and assigns, the shares of sons to be vested at twenty-one, and, of daughters, to be vested at that age, or marriage : provided that if any such child or children being a son or sons should die before attaining the age of twenty-one Tears without lawful issue at the time of his death or born in due time afterwards, or, being a daughter or daughters should die before the age of twenty-one years without having been married, the share or shares of every such child or children so dying as aforesaid should in default of such appointment go to the survivors or survivor, or others, or other of them, with like provisions as before. There were several children of the marriage, of whom Margaret Sarah Tredennick was one. Lydia Tredennick died in 1866. 356 THE IltISII REPORTS. [1900_ V.- C. G. N. Tredennick made his will dated the 2nd February, 1878, 1899. and thereby, after reciting that under his settlement he was TREDENNICK authorised to appoint the trust funds the subject thereof, and TREDENNICK amounting to £9384 12s. 3d., between and amongst his children or their issue in manner in the settlement provided, that the trust funds consisted of £7384 12s. 3d. secured by mortgage, £1000 secured by judgment, and £1000 by a policy on his own life, and that he had then living seven children, and that he had by her marriage settlement appointed to Anne Logan, one of his daughÂters, the judgment moneys and £200 part of the policy moneys, and had by her marriage settlement appointed and paid the sum of £2000 to or for the benefit of another daughter Lydia Colhoun, and had by her marriage settlement appointed and paid the sum of £1000 to or for the benefit of another...