In Re Burton’s Settlements; Scott v National Provincial Bank Ltd

Subject Matter

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.