The Weekly Law Reports
[1954] 3 WLR 581
[CHANCERY DIVISION.]
In re
BURTON'S SETTLEMENTS.
SCOTT AND OTHERS v. NATIONAL PROVINCIAL BANK LD. AND OTHERS.
[1952 B. No. 1369.]
1954 June 17,
18,
23;
July 28.
July 28.
Upjohn J.
Power of Appointment
— Fraud on power
— Benefit to non-object
— Purpose
— Settlement
— Power of appointment among issue
— Testamentary execution in favour of objects of power
— Enjoyment of testator's residue conditional on settlement of appointed property by objects in favour of themselves and of non-objects.
Will
— Construction
— Uncertainty
— Condition subsequent
— Settlement to be executed
— “Within such period as my trustees shall think reasonable.” Will
— Construction
— Exclusion if condition unsatisfied
— “Will to take effect as if sue had not been my daughter”
— Effect on exercise of power of appointment by will. Settlement
— Voluntary
— Spes successionis
— Settlement required by condition in will
— Settlement of spes successionis not required
— Inclusion of spes successionis irrevocable
— Settlement not voluntary.