In re Moss

2 Ch. 314 (1899)

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In re Moss

England Court of Appeal
2 Ch. 314 (1899)

Facts

In his will, Walter Moss bequeathed shares of stock to a trust and the residue of his estate to his wife. The trust income was to be paid to Moss’s wife for life. At the wife’s death, the principal was to be divided equally among Elizabeth Jane Fowler, who was Moss’s niece, and any of Moss’s sister’s children who reached 21 years of age (defendants). Fowler predeceased Moss. Moss then died. Before Moss’s wife died, she bequeathed the residue of her estate, which included the shares, to William George Kingsbury (plaintiff). When Moss’s wife died, Moss’s sister had five children aged 21 or older. Kingsbury sued the children for Fowler’s share. The trial court ruled for Kingsbury. The children appealed.

Rule of Law

Issue

Holding and Reasoning (Romer, J.)

Concurrence (Lindley, J.)

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