Leake v. Robinson
English Court of Chancery
2 Mer. 363, 35 Eng. Rep. 979 (1817)
- Written by Rose VanHofwegen, JD
Facts
John Rowe’s will established a trust to support his grandson, William Rowe Robinson, until he reached 25, then paid him the income for life. After William’s death, the trust provided for his children then paid them the principal if they attained 25. If William died without children, an alternate provision directed distribution “unto and amongst all and every the brothers and sisters of the said William Rowe Robinson, share and share alike, upon his, her, or their attaining twenty-five . . . at such age.” When John executed the will in 1790, William had three siblings. Another was born before John died in 1792. Two more were born before William died without children in 1800. Yet another was born after William died, bringing the total to seven. The trustees petitioned the court for directions.
Rule of Law
Issue
Holding and Reasoning (Grant, J.)
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