CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BAIRAMIAN JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
BANKOLE
APPELLANTS
WILLIAMS & ANOR
RESPONDENTS
AREA(S) OF LAW
WILL
SUMMARY OF FACTS
This appeal was from the judgment given on the will of the late Jacob Olumide Williams. The testator had a son born to him of a wife to whom he was married under the Marriage Ordinance, and also had four children born to him of a mistress. The lawful son was grown up and educated as a doctor, the other children were growing up and being educated, and his will shows anxiety on his part to provide for their maintenance and education. It began by appointing certain executors and trustees and it went on. Thereafter the testator went on to make some small money presents, to devise his other landed property, to bequeath his jewellery etc. and finally to leave what he did not dispose of to be shared among his children, both legitimate and illegitimate; and he enjoined everybody not to dispute any provision In the will.
HELD
It was held that the doctor could use the dwelling-part as he pleases, for it was not caught in the trust fund. And as for the direction in the will that this fund created for ten years shall be fed partly from the rent accruing from the shop-part, it was not meant to postpone the gift of Raymond House to the doctor and did not entitle the personal representatives to delay the vesting assent, but only enabled them to give it subject to conditions which secured the rights of the trust fund. Also the Court would like to hear argument on what the conditions should be if the parties could not achieve a formula for the vesting assent.
ISSUES
Whether he thereby satisfied the condition subsequent in partial restraint of marriage imposed by the will
Whether in consequence of his marriage he was entitled to obtain from the personal representatives of the deceased an assent vesting him with the immediate absolute fee simple Interest in Raymond House.
Whether this condition subsequent in partial restraint of marriage was valid or void for uncertainty.
Whether the doctor is entitled to obtain from the personal representatives of the deceased an assent vesting him with the immediate absolute fee simple interest in Raymond House.
RATIONES DECIDENDI
EARLY VESTING
“The law favors early vesting.” Per BAIRAMIAN, J.S.C
CASES CITED
STATUTES REFERRED TO