In re Maryon-Wilson’s Instruments

Subject Matter

POWER OF APPOINTMENT — Construction — By whom exercisable — Trustees to be appointed by person entitled to rents and profits of settled land — Tenant for life not so entitled — Settled Land Act 1925, s 108 (2)

[1971] Ch 789; [1969] 3 WLR 575

SETTLED LAND — Tenant for life — Powers — Limitations — Life interest then to sons in tail male and then further life interest — Prior life tenant childless — Surrender of life interest — Who was tenant for life? — Power to appoint new trustees in person “for the time being entitled to the possession or to the receipt of the rents and profits” — Who was entitled to appoint new trustees? — Settled Land Act 1925, ss 105 (1), 108 (2)

[1971] Ch 789; [1969] 3 WLR 575