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Blackman v. Fysh
Supreme Court of Judicature
3 Ch. 100 (1892)
James Henry Fysh’s will left property to his son as a life estate. The will provided that upon Fysh’s son’s death, the property would go to “all and every” child of his son who lived to 21 years old, or any of his son’s daughters who married before reaching 21. The will further provided that Fysh’s son could not sell, mortgage, lose to a creditor, or otherwise dispose of the property, and that if he attempted to do so, his interest would immediately terminate, with the estate then going to the son’s children (grandchildren) as if the son had died. The trial court held that all of Fysh’s grandchildren who reached age 21 would take an interest in the property regardless of whether they turned 21 prior to or after the son’s death.
Rule of Law
Holding and Reasoning (Lindley, J.)
Concurrence (Smith, J.)
Concurrence (Lopes, J.)
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