the dividends, interest, and annual produce of the said of such of them as shall be a daughter or daughters, shall be transferred or paid to her or them at her or their age of twenty-one years, or day or days of marriage, which shall first happen; and the part or share, parts or shares of such of them as shall be a son or sons, shall be transferred or paid to him or them at his or their age of twenty-one years, unless such time or respective times of payment shall happen in the lifetime of the said John Fry and Honnor his wife, or of the survivor of them; and in such case the part or share, parts or shares of such of them as, being a daughter or daughters who shall have attained (during the life of the said John Fry and Honnor his wife,) the age of twenty-one years, or be married, or, being a son or sons, shall then have attained that age, shall become a vested interest or vested interests in him, her, or them respectively, and be transmissible to his, her, or their executors, administrators, or assigns, and shall be transferred or paid immediately after the decease of the survivor of them, the said John Fry and Honnor his wife; and if any such child or children, being a daughter or daughters, shall happen to depart this life under the age of twenty-one years and unmarried, or, being a son or sons, shall depart this life under the said age of twenty-one years, then part or share, parts or shares of him, her, or them so dying shall go and be paid to the survivor or survivors of them, and the executors, administrators, or assigns of such of them being dead, who, being a daughter or daughters, shall have survived the said John Fry and Honnor his wife, and have lived to attain the age of twenty-one years, or be married, or, being a son or sons, shall have survived the said John Fry and Honnor his wife, and have lived to attain the said age of twenty-one years, at such time or times as his, her, or their original share or shares shall become payable or transferable, or as soon afterwards as circumstances will permit. And it is the true intent and meaning of these presents, and of the said parties, that all and the 1853. FRY v. CAPPER. Statement. 1853. FRY v. CAPPER. Statement. every the share and shares so directed to survive and accrue shall from time to time survive and accrue, together with the original share and shares, until such original share and shares shall by virtue of these presents become vested. And upon this further trust, that the said Jasper Capper and William Christopher Hancock, or the survivor of them, or the executors or administrators of such survivor, shall and do in the meantime, after the decease of the survivor of them the said John Fry and Honnor his wife, pay and apply the dividends, interest, and annual produce of the said sum of 1000l., or so much thereof as to them the said Jasper Capper and William Christopher Hancock, or the survivor of them, or the executors, administrators, or assigns of such survivor shall seem proper, for and towards the maintenance and education of such children or child, until their respective shares, or his or her share, of the principal money shall become payable, in proportion to their respective shares and interests therein. And in case there shall be no child of the body of the said John Fry on the body of the said Honnor his wife begotten, or there being such, if every such daughter depart this life under the said age of twenty-one years and unmarried, and every such son shall also depart this life under the said age of twenty-one years, or in the lifetime of the said John Fry and Honnor his wife, or either of them, then in trust to pay or transfer the said sum of 1000l., and the securities. and funds wherein the same shall be then invested, to the survivor of them the said John Fry and Honnor his wife, to and for his or her own proper use and benefit.” The said sum of 2000l. was afterwards paid to the trus tees, and invested in the purchase of 2230l. 37. 10s. per cent. Reduced Annuities. John Fry died in 1810, and no joint appointment of the said 2000l. or any part thereof was ever made by him and his wife. His widow, the said Honnor Fry, received the dividends on the said funds up to the time of her decease. Honnor Fry, after the death of her husband, by her will and testament in writing, dated the 1st of November, 1845, after reciting the said indenture, and that there were only six children of her marriage then living, her daughters thereinafter named, continued as follows:-"I do, by this my last will and testament, in exercise and execution of the power or authority to me in this behalf given by the said indenture of the 14th of August, 1792, and of every other power or authority enabling me in this behalf, direct, limit, and appoint, that the said" trustees of the settlement," and the survivor of them, and the executors and administrators of such survivor, and the trustee or trustees for the time being of the said 2230l. 31. 10s. per cent. Reduced Annuities, shall, from and immediately after my decease, stand possessed thereof, and of the stocks, funds, monies, or securities to arise therefrom, or in which the same or any part thereof may from time to time be invested, and the interest, dividends, and annual produce to arise therefrom respectively, from and after the day of my decease, upon the several and respective trusts, and for the intents and purposes following; that is to say, upon trust to apportion the same respectively for the benefit, in equal shares, of such of my before-named daughters, Honnor Frances Fry, Mary Craig Fry, Anne Jane Fry, and Julia Maria Fry, Hannah Westcott Prior, and Ellen Cornelia Neatherway, who shall be living at the time of my decease, such respective apportionments to be transferred and paid in manner hereinafter provided. And I do hereby direct, that the said" trustees, "and the survivor of them, and the executors and administrators of such survivor, and the trustees or trustee for the time being of the said trust funds and monies shall stand possessed of the respective shares of the said last-mentioned trust funds 1853. FRY v. CAPPER. Statement. 1853. FRY v. CAPPER. Stitement. and monies, and of the dividends, interest, and annual Honnor Fry, the testatrix, died on the 3rd of January, 1853. There were several questions submitted in a special case to the Court; of which one was, whether the appointment by the will for the benefit of the married daughters of the testatrix was valid. |