The Victorian Law Reports Volume 32 PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...sntficient evidence of an intention that the fund shall be kept in hand for aflzcr-born children. Omemsrmo summons referred to Court to obtain the decision of a judge as to the construction to be placed on the will of Joseph Sutherland, deceased. By his will the testator appointed executors, who in turn appointed the plaintifi company trustees, of a sum of 5,000l. upon trusts declared by the will as follows: ---"To invest and to stand possessed of the same in trust for the child if only one, or all the children, if more than one, of Donald Munro, who, either before or after my death, shall have attained, or shall attain, the age of twenty-one years, and if more than one equally with power for my said trustees to apply the whole or part of the annual income of the share of each child while such share shall be contingent for his or her maintenance and education, accumulating the unapplied income by investing the same and disposing of the accumulations as part of the same share; and also, in the discretion of my trustees, to apply so much, not exceeding one-half, as my trustees shall think fit, of the share of each child. whether vested or contingent, for his or her advancement in life, or otherwise for his or her benefit." Donald Munro had six children living at the death of the testator, all now living and of age. They had demanded to have the fund divided between them in equal shares, but the company would not so divide it, unless by direction of the Court, because of the possibility of Donald Munro having another child or children born to him who might claim to share in the fund. The children already born insisted that no after-born child could acquire an interest in the fund, and the present originating summons was, therefore, ...