The Law Reports (Chancery Division)
[1948] Ch 123
[COURT OF APPEAL]
In re CRAWSHAY, DECD. HORE-RUTHVEN v. PUBLIC TRUSTEE.
1947 Nov. 24,
25,
26,
27,
28;
Dec. 19.
Dec. 19.
Lord Greene M.R., Cohen and Asquith L.JJ.
Will
— Legacy settled on daughter and her children
— Gift over on death without leaving children who attained twenty-one
— Codicil
— Exclusion of any children of daughter by a proposed marriage from shave in legacy
— Death of daughter, leaving only children of the excluded marriage who attained twenty-one
— Whether gift over effective
— Power to daughter whose children were excluded to appoint to nephews and nieces
— Exercise of power by will in favour of nephew
— Previous assignment by nephew in trust for children of excluded marriage
— Intention to benefit non-object
— Fraud on power.