Amanda Noyce outlines the lessons from a case concerning how a disputed share of a settlement fund should be assigned ‘The question that the Public Trustee sought to have determined was whether, according to the terms of the settlement, David‘s share accrued to the share that was held for his brother, Jeffery, and so was …
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Wills & Trusts Law Reports | Spring 2018 #171By an Indenture dated 6 March 1925 (“Indenture”), Charles Harrison (“Settlor”) settled property on his only child, Jeannette Harrison (“Life Tenant”). By Clause 18(ii), the Life Tenant was given a testamentary power of appointment in the event of dying without issue in favour of nephews of nieces of the Settlor and/or their issue subject to a proviso that the Trust Fund or the shares thereof should be retained by the Trustees on such trusts and with and subject to such powers and provisions as would for the time being be applicable to a share appropriated by them to the object or objects...