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Burrough v Philcox (1840) 41 ER 299. Facts: The testator left property in trust for his own children for their lifetime and then to their children. However both children died without issue (i.e. the testator’s children didn't have any children to pass the property too).
9 Jul 2019 · A particular type of discretionary trust is that named after the case of Burrough v Philcox (1840). This relates to the issue of certainty of intention, and the certainty of objects, that are requisites of any trust.
The Court ruled in favor of the Plaintiffs, holding that the nephews, nieces, and their children have interests in the property independently of the power of selection. Click here to read the full judgment. Get free access to the complete judgment in Burrough v Philcox on CaseMine.
£72] Between JOSEPH BURROUGH the Younger, ABEL PEYTON, and THOMAS HULL, an Infant under the age of twenty-one years, by the said ABEL PEYTON, his next Friend, Plaintiffs; and ANNA PHILCOX, BENJAMIN HULL, BENJAMIN LACEY and ELIZABETH, his Wife, JOHN SHAW, WILLIAM COOKES and MARY, his Wife, EDWARD DALBY WATSON and ANN, his Wife, THOMAS GOODWIN ...
22 Sep 2021 · In Burrough v Philcox [27] the court divided the relevant property equally amongst all the members of the class. It has been argued that this equal division is correct as powers in the nature of a trust should be regarded as fixed trusts ‘subject to defeasance by exercise of the power of selection’ [28] .
Burrough v Philcox [1840] EWHC Ch J62 (25 November 1840) Understanding: The case of Burrough v Philcox [1840] EWHC Ch J62 concerns the interpretation of a will and the execution of its provisions. The testator, John Walton, had made a will in 1794, which included various bequests and trusts.
Burrough v Philcox [1840] 5 My & Cr 72 The testator transferred property on trust for his two children for life, with remainder to his issue, and declared that if they should die without issue, the survivor should have the power to dispose by will ‘among my nieces and nephews, or their children, either all to one or to as many of them as my ...
