A Concise Manual of the Law Relating to Private Trusts And Trustees

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538 ; 5 H. L. Cas. 40 ; Van- Lloyd v. Lloijd, 2 Sim. N. S. 255.
sittart V. Vansittart, 2 D. & J. (d) Sm. R. & P. Prop. 81— 249; Jodrell v. Jodrell, 9 B. 45; 107.
arid see 14 B. 397. (e) Mien v. Jackson, L. E., 1 (z) Bindley v. Mulkney, L. E., Cli. Div. 399. / S^ C^^i^ /? (P7 5^ 7 Eq. 343. ' D 2 36 DECLAEED TEtlSTS.
nephew and Ms -wife (tlie testatrix's niece) for their joint lives and the. life of the survivor, with a gift over (in the event of the nephew surviving and marrying again) in trust
...for the children of her said niece, and in default of such children, for the children of the testatrix's sister, it was held that the gift over was good ; and Mellish, L. J., in delivering his judgment, said: "It has heen said with respect to this rule against restraint of marriage that it has no foundation on any principle ; that it has nothing to do with public policy, but that it is a positive rule of law, adopted nobody can tell why; and that, because it is a positive rule of law, adopted nobody can tell for what reason, and without any regard to public policy, therefore it is impossible to make an exception to it, and that the court can do nothing with it but carry it out.

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