In Re Hart’s Will Trusts; Public Trustee v Barclays Bank Limited

Subject Matter

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 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.