Thellusson V Woodford
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''Thellusson v Woodford'' (1799) 4 Ves 227 is an
English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trust law, Trusts were a creation of the English law of English property law, property and English contract law, obligations, a ...
case. It was a lawsuit resulting from the
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
of Peter Thellusson, an English merchant (1737–1797).


Facts

Peter Thellusson directed the income of his property, consisting of real estate of the annual value of about £5,000 and personal estate amounting to over £600,000, to be accumulated during the lives of his children, grandchildren and great-grandchildren, living at the time of his death, and the survivor of them. The property so accumulated, which, it is estimated, would have amounted to over £14,000,000 (then an enormous sum), was to be divided among such descendants as might be alive on the death of the survivor of those lives during which the accumulation was to continue.


Judgment

The bequest was held valid. In 1856, there was a protracted lawsuit as to who were the actual heirs. It was decided by the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
(9 June 1859) in favour of Lord Rendlesham and Charles Sabine Augustus Thellusson. Owing, however, to the heavy expenses, the amount inherited was not much larger than that originally bequeathed.


Significance

To prevent such a disposition of property in the future, the Accumulations Act 1800 (known also as the "Thellusson Act") was passed, by which it was enacted that no property should be accumulated for any longer term than either # the life of the grantor; or # the term of twenty-one years from his death; or # the minority of any person living or ''
en ventre sa mere The Law French phrase ''en ventre sa mere'' ("in its mother's womb") refers to a fetus in utero and is commonly used in Legal English. An unborn fetus, which is thus still "en ventre sa mere", may be accepted to be a beneficiary for some purpos ...
'' at the time of the death of the grantor; or # the minority of any person who, if of full age, would be entitled to the income directed to be accumulated. The Act, however, did not extend to any provision for payment of the debts of the grantor or of any other person, to any provision for raising portions for the children of the settlor, to any person interested under the settlement or any direction touching the produce of timber or wood upon any lands or tenements. The Act was extended to heritable property in
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
by the Entail Amendment Act 1848 but does not apply to property in
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
. The Act was further amended by the Accumulations Act 1892, which forbids accumulations for the purpose of the purchase of land for any longer period than during the minority of any person or persons who, if of full age, would be entitled to receive the income. It is believed that the Thellusson Will case provided the basis for the fictional case of ''
Jarndyce and Jarndyce ''Jarndyce and Jarndyce'' (or ''Jarndyce v Jarndyce'') is a fictional probate case in ''Bleak House'' (1852–53) by Charles Dickens, progressing in the English Court of Chancery. The case is a central plot device in the novel and has become a ...
'' in
Charles Dickens Charles John Huffam Dickens (; 7 February 1812 – 9 June 1870) was an English novelist, journalist, short story writer and Social criticism, social critic. He created some of literature's best-known fictional characters, and is regarded by ...
' novel ''
Bleak House ''Bleak House'' is a novel by English author Charles Dickens, first published as a 20-episode Serial (literature), serial between 12 March 1852 and 12 September 1853. The novel has many characters and several subplots, and is told partly by th ...
''.


See also

*
English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trust law, Trusts were a creation of the English law of English property law, property and English contract law, obligations, a ...
* Wellington R. Burt * ''
Jarndyce and Jarndyce ''Jarndyce and Jarndyce'' (or ''Jarndyce v Jarndyce'') is a fictional probate case in ''Bleak House'' (1852–53) by Charles Dickens, progressing in the English Court of Chancery. The case is a central plot device in the novel and has become a ...
''


Notes

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References

*''The Practice of the Commissary Courts in Scotland'', 1859, William Alexander *P Polden, ''Peter Thellusson's Will of 1797 and Its Consequences on Chancery Law'' (2002) English trusts case law House of Lords cases 1859 in case law 1859 in British law Wills and testaments by person