Butterworths' Ten Years' Digest of Reported Cases, 1898 to 1907, Vol. 3 : A Digest of Reported Cases Decided in the Supreme and Other Courts During the Years 1898 to 1907, Including a Copious Selection of Reported Cases Decided in the Irish and Scotch Cour

Excerpt from Butterworths' Ten Years' Digest of Reported Cases, 1898 to 1907, Vol. 3: A Digest of Reported Cases Decided in the Supreme and Other Courts During the Years 1898 to 1907, Including a Copious Selection of Reported Cases Decided in the Irish and Scotch Courts, With Lists of Cases Digested, Overruled, Considered, Etc;; Powers To

Power of Appointment - Continued.

and purposes and in such manner as the settlor should appoint, "so only that every such appointment he made to or in favour of a grandchild or grandchildren" of the settlor's grandfather.

Held that there was no reason why the settlor should not appoint the trust funds to herself.

Taylor r. Allhusen. [1903] 1 ch. 529: 74

[L. J. Ch. 350: 53 W. R. 523; 92 L. T. 382 -

Kekewich, J.

9. Power to appoint Life Estate with Remainder in Tail - Execution "To E. R. A. and his Issue" - Construction.] - A power was given enabling the donee in the events which happened to appoint certain real estate to his, the donee's, sons for an estate not exceeding a life estate with remainder to their issue in tail. The donee by a codicil to his will, after referring to the power, appointed one part of the estate to "E. R. A. and his issue." E. R. A. was one of the donee's sons.

Held - that the Court could only come to the conclusion that he intended E. R. A. to take an estate tail; and that consequently E. R. A. took a life estate, and after his death the estates must go as in default of appointment.

Decision of Buckley, J. (54 W. R. 42: 93 L. T. 742) reversed.

Re Adams. Adams r. Adams. (1906) 94 L. T.

[720 - C. A.

10. Real Estate - . Appointment to Trusters upon Trust for Sale.] A testator devised real estate to the use of his daughter for life, with remainder to the use of such of her children as she should by will appoint, and, in default of appointment, to the use of her children as tenants in common. And he empowered the trustees of his will to sell the property, with the consent in writing of the persons for the time being in possession under the above limitations. By her will the testator's daughter, in exercise of her power, appointed the real estate to trustees in trust for sale, and to stand possessed of the proceeds upon trusts for her children.

Held - that the parties entitled to sell the real estate were the trustees of the daughter's will, and not the trustees of her father's will.

Re Paget, Mellor r. Mellor. [1898]1 Ch.

[290; 67 L. J. Ch. 151; 78 L. T. 72; 46 W. R.

328 - Kekewich, J.

11. Rerocable Appointment of Policy Moneys - Subsequent Will disposing of all Testator's Property - Recoration - Wills Act, 1837 (1 Viet.c. 26). s. 27.] - A general residuary bequest or devise is not in itself sufficient to revoke a previous appointment. A testator in 1882 effected a policy of insurance on his life for £500. and in that year by an instrument in writing be nominate I and appointed certain persons to receive the policy moneys on his death. This instrument was lodged with the insurance society and remained with them until his death. By another instrument of even date he declared that the business should hold the policy moneys upon trust to pay the income to his wife for life, and at her death to pay £500 to the Religious Tract Society, and the surplus, if any, to his brother; and he expressly reserved to himself the power by will or writing in his lifetime to revoke or alter the above dispositions and to make fresh dispositions. By his will made subsequently the test for cancelled all previous wills and gave an annuity of £500 to his wife, and a legacy of £500 to the Religious Tract Society, and as to the rest of the property, which on his wife's decease was not therein disposed of, he directed that it should be divided equally between certain of his nephews and nieces.

Held - that the will did not revoke the appointment of 1882. A general disp