JEFFERYS V. JEFFERYS
41 Eng.Rep. 443 (1841)
NATURE OF THE CASE: This was a dispute over the enforcement of a trust.
FACTS: On July 25, 1834 John Jefferys made a trust for the benefit of his daughters such
that real estate that was currently owned by John was to go into trust to pay him the monies
from the freehold for life and upon his death the trustees were to sell the freehold and pay
off any encumbrances and then to give the residue to his three daughters. This was done out
of natural love and affection. One of the daughters died in April 1835 and all her interests
in the trust were then vested in the other two sisters. John died in September 1836 never
having surrendered the copyholds pursuant to the covenant. His will stated that the freehold
subject to this lawsuit was to be given to his wife Isabella. In July 1837 the two daughters
sued the wife and the two trustees for them to carry into effect the provisions of the
trust. One of the daughters then died in April 1838 and all her interest in the settlement
was left to the last sister. Isabella has since remarried.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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