The Law Reports (Chancery Division)
[1950] Ch 84
[CHANCERY DIVISION]
In re
HART'S WILL TRUSTS.
PUBLIC TRUSTEE v. BARCLAYS BANK LIMITED AND OTHERS.
[1949 H. 213]
1949 Nov. 2.
DANCKWERTS J.
Will
— Construction
— Residuary trust fund
— Settlement of two-sixths for step-children, of four-sixths for children, of testator
— Provision for accruer of two-sixths, on failure of trusts thereof, to four-sixths
— No provision for accruer of four-sixths, on failure of trusts thereof, to two-sixths
— Ultimate trusts of residuary trust fund, on failure of trusts of two-sixths and of four-sixths, for “persons …. at time of failure …. entitled …. under the statutes for the distribution of the personal estate of intestates. …”
— Death of 85DANCKWERTS J.testator after January 1, 1926
— Reference to “statutes for …: distribution ….” a reference to
Administration of Estates Act, 1925 (15 Geo. V. c. 23)
— Rule against perpetuities
— Validity of ultimate rusts of will
— Death of testator childless
— Hiatus in will by reason of omission of provision for accruer of four-sixths to two-sixths
— Implication by court of cross-limitation carrying over four-sixths to two-sixths.