In Re Crawshay, Decd Hore-Ruthven v Public Trustee

Subject Matter

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.