a thesis - Institute of Advanced Legal Studies

72 EXPRESS TRUSTS.
tory trust, and B. takes an estate for life merely. WJiite v. Carter
(1766), 2 Eden, 365.
10. A. devises land to trustees upon trust on B.'s attaining the
age of twenty-one years or being married that they shall, as counsel
shall advise, convey, settle and assure the same to B. for life, and
after her death then on the heirs of her body lawfully issuing.
This is an executory trust, and B. is entitled to an estate for life
only, with remainder to her first and other sons in tail general.
Bastard v. Proby (1788), 2 Cox, 6.
11. A. by will gives the residue of his property to his executors
in trust for B., adding, " my will is that he shall not be put into
possession of any of my effects till he attains the age of twentyfour
years, nor shall my executors (jive up their trust till a proper
entail be made to the Jieir male by him. This is an executory trust,
but, there being nothing to show that the words are not used in
their technical sense, B. takes an estate tail. Blackburn v. Stables
(1813), 2 Y. & B. 367.
12. A. devises to B. all his real and personal estate upon trust
that the same shall be settled by able counsel to go to and amongst
his grandchildren of the male kind and their issue in tail male,
remainder over. This is an executory trust, but, there being no
evidence of a contrary intention, the grandchildren take estates tail.
Marshall v. Bomfield (1817), 2 Maddock, 166.
13. A. bequeaths jewels to B. " to go and be held as heirlooms
by him, and by his eldest son on his decease, and to go and
descend to the eldest son of such eldest son, and so on, to the
eldest son of his descendants, as far as the rules of law or equity
will permit. And I request B. to do all in his power by will or
otherwise to give effect to this my tcis/i." This is an executory trust
(p. 545), and B. takes only a life interest, and the jewels must be
settled on B. for life, remainder to his eldest son for life, remainder
to the eldest son of such eldest son, to be vested at twenty-one.
Shelley v. Shelley (1868), L. B. 6 Eq. 540.
[Note.—Having regard to the decisions as to precatory trusts,
supra, pp. 37—41, and especially to the case of Hill v. Hill (1897,
1 Q,. B. 483), this might now not be regarded as a trust at all.]
14. A. devises land on trust to convey, assign and assure it to B.