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![handle is hein.slavery/ssactsengr0776 and id is 1 raw text is: PEACOCK V. STOCKFORD
and declared that, till the whole of the fund should be applied, the same or such part
as should not be applied should be accumulated, and at the end of ten years if not
applied should be laid out in the purchase of freehold estates, to be settled on the
uses of the Bedlington estates. He bequeathed the residue of his personal estate,
one half to George Viscount Barrington absolutely, but if he should be dead at his
the testator's decease, then to trustees, upon the trusts of the £10,000, firstly before
bequeathed after the decease of the survivor of Lord and Lady Barrington; the
other moiety to the said trustees, upon the last-mentioned trusts of the £10,000.
[73] PEACOCK V. STOCKFORD. Before the Lords Justices. Jan. 31, 1853.
[See Hawes v. Hawes, 1880, 14 Ch. D. 617 ; In re Featherstone's Trusts,
1882, 22 Ch. D. 115.]
A testator bequeathed life interests in four distinct funds to four nieces respectively,
and directed that, upon the decease of any or either of them, the principal of the
fund the interest of which was to be received by her or them should be held
in trust for the benefit of all and every the lawful children of her or them so
dying and of the survivors or survivor of my other nieces hereinbefore named in
equal shares. One of the nieces having died, leaving two children: Held, that
her fund was divisible among these children and among the children of the three
other nieces; it being proper to give some force to the word of, and that word
being referrable to the word children as the last antecedent.
This was an appeal from the decision of Vice-Chancellor Kindersley, upon the
petition of Thomas Bonnett and Michin Lake, two of the Defendants
The question was as to the construction of the will of Thomas Slaughter, dated
the 22d of April 1823, whereby the testator, among other bequests, gave and
bequeathed to his executors and trustees £9000 New £4 per cent. Bank annuities, a
bond conditioned for the replacement of £1000 £3 per cent. consolidated Bank
annuities, a debt of £1500 due to the testator, and a sum of £3500 £3 per cent.
consolidated Bank annuities: upon trust, in the first place, immediately after the
testator's decease, to pay the dividends, interest, and annual proceeds of £5000, part
of the sum of £9000 £4 per cent. Bank annuities, and the bond debt above mentioned,
to his niece the Defendant Sarah Stockford for. her life for her separate use; and
upon further trust to pay the dividends, interest, and annual proceeds of the sum of
£2000 other part of the sum of £9000 £4 per cent. Bank annuities to his niece
(another Defendant) Elizabeth Edmonds for her life for her separate use; and upon
further trust to pay the dividends, interest, and annual proceeds of the sum of £2000,
remainder of the sum of £9000 £4 per cent., Bank annuities, [74] to his niece (another
Defendant) Ann -Mann for her life for her separate use; and upon further trust, as
to the debt of £1500, to re-invest the principal, when paid, in the stock of New £4
per cent. annuities, and in the meantime, and also after such re-investment to pay the
dividends, interest, and annual proceeds to his niece (another.Defendant) Ann Burnett
for her life for her separate use ; and upon further trust to pay the dividends, interest,
.and annual proceeds of the sum of £3500 £3 per cent. consolidated Bank annuities
to Mary Slaughter for her life for her separate use; and after her decease to stand
possessed of and interested in the said sum of £3500 £3 per cent. consolidated Bank
,annuities in trust to pay the dividends, interest, and annual proceeds thereof unto
his nieces Ann Mann and Elizabeth Edmonds in equal shares and proportions during
their joint lives and for their separate use.
The will then proceeded as follows: And upon the decease of any or either of
my said nieces Sarah Stockford, Elizabeth Edmonds, Ann Mann, and Ann Burnett,
to stand and be possessed of the principal sum or sums (the interest or dividends of
which is to be paid to or received by her or them during their lives), in trust for the
benefit of all and every the lawful children of her or them so dying, and of the
survivors or survivor of my other nieces hereinbefore named, in equal shares and
proportions, the respective shares of such child or children as may be a son or sons
to be paid or assigned and transferred to him or them, as and when he or they shall
3 DE G. X. &k G. 73.](ViewImageLocal?handle=hein.slavery/ssactsengr0776&div=1&collection=&method=preview&ext=.png&size=3)