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Edward Audley left the interest on £1,000 to his wife during her lifetime in his will. After the wife’s death, the £1,000 was to go to his niece Mary Hall and her issue. If Mary Hall had no issue, then the £1,000 was to be equally divided between the “daughters then living” of John and Elizabeth Jee. When Audley died, his wife had died, Mary Hall had no issue, and the Jees were living and 70 years old. The four daughters of the Jees (plaintiffs) brought suit to have the £1,000 secured for their benefit should Mary Hall die without issue. The Court of Chancery considered the question of whether the bequest to the “daughters then living” of the Jees was void.
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