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![handle is hein.slavery/ssactsengr0845 and id is 1 raw text is: BASAN V. BRANDON
was entitled to £1500, in reversion expectant on his mother's decease; it was agreed
tha t Edmond Swift should, by a good and sufficient deed of settlement, such as
counsel should advise, assign to Deane Swift and John Mills the two sums of £2000
and £1500, in trust to permit Edmond Swift, when he should be entitled thereto, to
receive the interest thereof, for his life, and, after his decease, to permit Mary Daly,
in case she should survive him, to receive the interest thereof for her life, and, after
the decease of the survivor of them, the two sums to go to the issue of the marriage, in
case there should be any living at the death of [169] Edmond Swift and Mary Daly,,
in such manner, shares and proportions as Edmond Swift should, by deed in his life-
time, or by his will, appoint, and, for want of such appointment, then to such issuer
share and share alike, if more than one, and if but one then the whole of the two,
sums to go to such only child; and in case there should not be any issue of the marriage
living at the death of the survivor of Edmond Swift and Mary Daly, then the two,
sums to go to such person or persons as Edmond Swift should, by deed or will as
aforesaid, appoint.
The marriage took effect, but no settlement was made in pursuance of the articles.
Mrs. Swift afterwards died. There was issue of the marriage one child only, and that.
child died leaving a daughter, who was still alive. Edmond Swift, having made an
appointment of the trust monies in his own favour, filed a bill against the trustees.
and his granddaughter, praying that those monies might be paid to him.
Mr. James Russell, for the Plaintiff, said that, if there was anything in an instru-
ment which shewed that the word issue was intended to be confined to children,,
the Court would take it in that sense; that, in this case, the words, and if but one,
then the whole of the said two sums to go to such only child, shewed that the parties.
intended to provide only for the children of the marriage; and, as the only child of
the marriage had died in the father's lifetime, the father was entitled to appoint the
trust funds under the general power given to him by the articles. Mandeville v. Lord:
Carrick (3 Ridgw. P. C. 363), Sibley v. Perry (7 Ves. 522).
[170] Mr. G. Richards, for the Plaintiff's granddaughter, said that the intention.
of the parties was to provide for all the issue of the marriage ; that the articles were
executory merely; and that it was plain, from the language of them, that the parties.
contemplated that a regular settlement would be made: that, at the date of the
articles, the husband's interest in the property was reversionary, and the issue were
not to take vested interests on attaining 21, but on the death of the survivor of the;
husband and wife, which was a remote event: that, by the ,terms of the articles, the
husband's general power of appointment could not be effectually exercised except in
the event of there being no issue of the marriage living at the death of the survivor
of the husband and wife, and, as the granddaughter was still living, effect could not-
be given to the appointment that had been made under that power. Wyth v. Black-
man (1 Vez. 196) and Dalzell v. Welch (ante, vol. 2, p. 319).
THE VICE-CHANCELLOR [Sir L. Shadwell]. The expression and if but one, the
whole to go to such only child, is demonstrative that the word issue means.
children; and, consequently, the father is entitled to the trust funds.
[171] BASAN v. BRANDON. July 27, 1836.
Legacy. Ademption.
A testator resident in Jamaica bequeathed to A. B. £2000, part of a sum of £7000'
in the hands of his agents in England and received by them from the Transport-
Board on his account. The testator afterwards went to Philadelphia, where he
died. Seven days before his death he wrote to his agent in Jamaica, desiring him-
to order his agents in England to invest all his monies in their hands, received from
the Transport Board, in any stock most beneficial to his estate. The agent wrote;
accordingly ; but, some time before his letter arrived in England, the agents there
had, of their own accord, invested the whole of the testator's monies in their hands.
in the four per cents. Held that the legacy was not adeemed.
Jacob Basan, late of Jamaica, made his will, dated the 18th of June 1816, and
8 SIM. 169.](ViewImageLocal?handle=hein.slavery/ssactsengr0845&div=1&collection=&method=preview&ext=.png&size=3)