The Sun.
London, England, 1848-01-29 00:00:00

CROCKETT V. CROCKEITT..-JUDGMINT.

The LORD CnariceeLost also gave judgment in this
case, which came before the Court upon appeal from
the decision of the Vice-Chancellor Wigram. The
question in the case arose upon the construction of
the will of a gentleman named Crockett, executed
at Macao, in March, 1831. By that will he di-
rected that all and every part of his proporty
should be at the disposal of his most true and
lawful wife, Caroline Crockett, for herself and her
children, in the event of any unforeseen accident hap-
pening to himself. The testator died at Macao in
June, 1837, leaving Caroline Crockett, his widow,
and five children surviving ; and soon afterwards
administration of the testator's estate, with the will
annexed, was granted to the widow by the proper
authorities at Macao. In September, 1837, the
widow, who had been advised that, under the will,
she was absolutely entitled to the whole of the testa-
tor's property to her own use, executed a voluntary
deed, whereby, after directing the sum of, 15,0001.
to be remitted to this country, she settled that
sum upon trust for herself for life, if she should
so long remain unmarried, and aftor her death or
marriage upon trust for five children of the testator.
One of the children afterwards died, and the bill
was filed by the four surviving children against the
widow for an account of the testator's estate, and
praying a declaration that the children were entitled
under the will to the testator's property jointly with
the widow, and that the deed of September, 1837,
was not binding upon them. At the hearing of the
cause in 1841, the Court made a declaration that the
children took an interest in possession in the
testator's property at his decease, under the
testator's will, and that the deed of Sep-
tember, 1837, was not binding upon them ; and
directed that the whole income of the testator's
residuary estate should be paid to the mother during
the infancy of the children, or until furtheorder, she
maintaining and educating them in a proper manner.
Upon the eldest of the children attaining his majority
ho presented the present petition to the Court, for a
transfer of his portion of the fund, and upon the
hearing of the petition the question was, whether the
word " disposal" in the will conferred upon the widow
the power of distributing the capital of the fund
amongst the children, or whether she was en-
titled thereby only to the care and custody
of the income belonging to the children during
their minorities. The Vice-Chancellor Wigram
held that the widow and her children took a joint in-
terest in the residuary estate of the testator, and,
after directing the portion of the petitioner to be paid
to him, ordered that the direction which he had pre-
viously !mule should be continued as to the mother
and the infant children, and from that judgment the
party appealed. His Lordship, after going at con-
siderable length into the case, ordered the decision of
the Court below to be reversed, and the costs to come
out of the fund in Court, the question being one
between a parent and her children ; and the object of
the suit being the proper distribution of their pro-
perty.

Admiral Sir Charles Adam had an interview with
the Right Hon. Edward Strutt yesterday, at the
office of the Commissioners of Railways in the Board
of Trade.