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Case
3rd April 1830
By Will of this date Joseph Fox late of Plymouth M.D.
deceased after giving certain pecuniary and specific legacies gave and
bequeathed All his residuary personal Estate to Trustees Upon Trust to
permit his widow to take the income for her life making up the income
of Charles James Fox his son, Emily Sleeman and Sophia Jas Fox and Mrs Mitchell
his daughters with a provision he had already made for them amount to £100 per
annum cash provided the income of his wife should not be reduced below £500 per
annum and after the death of his wife he directed the Trustees to sell
and convert into money his residuary personal estate and pay unto his
daughter Sophia James Fox £400.
Then the legacy duty and then within 3 months
after such conversion and after the payment of Legacy Duty Upon Trust to
divide the whole of the Trust Monies in 4 equal parts and pay one quarter part
thereof unto his son absolutely And as one to one other equal part or share of
the said Trust Moneys together with such additions thereto as thereinafter
mentioned (if any) In Trust that his daughter Emily Sleeman might be
entitled to the same Subject to the Trusts and limitations thereinafter
contained And as to the remaining 2 parts In trust in a similar manner
for his other daughters Mary James Mitchell and Sophia James Fox.
And the
Testator and thereby direct and declare that the respective parts and shares
of each of his said daughters Emily Sleeman, Sophia James Fox and Mary James
Mitchell of and in the said trust monies so divided to be divided as aforesaid
should be held by the said Trustees for the time being so and in such manner
that each of his said daughters might receive and take the Dividends, Interest
and income of her respective part or share thereof and in the said Trust monies
for her life for her sole and separate use free from the engagements or control
of any present or future husband respectively with whom she might intermarry and
so that her accept whether sole or married might be a sufficient discharge for
the same dividends interest and income respectively. Then to their children with
the powers of appointment and in default of children with power to appoint
absolutely by Will
During the lifetime of the widow Charles James Fox the son and Mrs Sleeman and
Sophia Jas Fox two of the daughters received £20 per annum under the direction
in the Will to make up the income to £100 per annum No direction was given for
any payment to be made to his other daughter.
The Widow died in November 1839 and the other Trustees have only recently
succeeded in realizing the personal Estate bequeathed to them but they have an
urgent request of the 3 daughters of the Testator made advances to them
for their support according to the amount of the respective incomes which
they might each reasonably calculate upon deriving from their respective shares
on their being invested for their benefit according to the directions of the
Will.
There appears to be some doubt owing to the daughters not being legitimate
whether these advances for maintenance can be deducted from the
amounts directed to be invested for the benefit of each daughter and
her children and on the other hand a feeling appeals to be entertained by the
parties themselves that the Trustees have not advanced as much as they would be
justified in advancing the income received from the Estate before it was
realizes being much larger than the advances made.
This arises from the nature
of the Estate a considerable portion of it consisting of Leasehold Houses
producing considerable rents but held for a term of Fifteen Years remained
unexpired when the houses were disposed of and they of course only realizes a
comparatively small number of years purchase.
24th December 1834:
Under the Will of the Widow Mrs Elizabeth Fox
of this date a similar question arises Mrs Sleeman, Mrs Mitchell and Miss Sophia
James Fox were the natural daughters of Dr Fox born many years after his
marriage with his wife by whom he had no children.
Mrs Sleeman was however
adopted by her from her childhood and resided with her until his death.
The two
other daughters were brought up at a distance.
By her Will however Mrs Fox
directs her Trustees to convert into money her personal Estate
and to stand possessed thereof Upon Trust as to one third part
thereof for Mrs Sleeman and the other two third parts thereof to be divided
equally between Charles James Fox, Mrs Mitchell and Sophia James Fox.
The
daughters shares to be invested and the interest paid them
during their lives and afterwards the principal to be paid according to
their respective appointments by Will and in default of payment to their
respective Executors.
The Trustees have already realised and divided the proceeds of this Estate it
having consisted almost entirely of money and securities for money but Mrs
Sleeman Mrs Mitchell and Miss Fox are very desirous to have the income
which has accrued since the Death of the Testatrix paid over to
them instead of being invested. Mrs Mitchell particularly has a large family
with small income.
You will therefore be pleased to advise the Trustees
1st
Whether under Dr Fox's Will they are justified in making advances to
his illegitimate daughters for their maintenance out of the
accruing income between Mrs Fox's death and the Division of the
Estate now nearly 18 months instead of investing the whole of each share
as ascertained on the division and upon which Duty has been paid.
2nd
In case you think the Trustees are so justified. You will also be pleased
to advise what proportion of the income they would be justified in advancing.
Whether the whole of the rents received or merely common
interest on the sums released from the sale of the houses.
3rd
Whether under Mrs Fox's Will they will be entitled to make any and
what advances by way of maintenance out of the accruing
income since her death or whether they must invest the full amount
of the Shares upon which duty has been paid consisting as they do both of
principal and income accrued since Mrs Fox's death. And you will be pleased
to advise the Trustees generally for their guidance herein
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