Blackman v. Fysh

3 Ch. 100 (1892)

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Nature of the Case

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Facts

James’ will devised lands to his son for life. After the sons’ death the property was to go to all and every child of the son whether born or hereafter to be born and who lives to be 21 or a daughter who shall marry under that age to hold in equal undivided shares as tenants in common. and to his, her or their several and respective heirs and assigns. The instrument stated that the son and daughters did not have the power to sell, dispose or mortgage the property or anticipate the life estate. If they attempted to do so or to become bankrupt or insolvent or the estates were attached by creditors the gift or devise shall immediately become void and cease as if the son or daughter died and that share had vested in the remaining parties. The court refused to give effect of the intention of the document and this appeal resulted.