Raper v Murton and Others
Raper v Murton and Others (Civil Case No. 92 of 1938 O.S.) [1938] EACA 186 (1 January 1938)
On the true construction of clause 4(d) of the will, the daughters (third defendants) take as joint tenants, not tenants in common, as the context of the will does not indicate any intention to divide the property. The trust of the residuary estate and its income in favour of the second defendant is subject to the trusts of one moiety of the net annual income in favour of the first and third defendants, as declared in clause 4(d). The effect of sub-clauses (f) and (g) of clause 4 is to constitute the second defendant as sole trustee of the residuary estate upon attaining the age of twenty-fiv…
Source excerpt
- Will Construction
- Trusts
- Vested Vs Contingent Interest
- Joint Tenancy
- Estate Administration