M'Intyre v. Westwood's Trustees

Held that on a sound construction of the mutual trust-disposition she was not bound to contribute to the imbecile's maintenance until his own funds were exhausted.

Joseph Westwood was twice married. By his first marriage he had a son, William Stratton Westwood, who was an imbecile, and was confined in an asylum.

Joseph Westwood died on 23rd May 1883 survived by his widow, his son, William Stratton Westwood, and a son of the second marriage, Joseph Westwood. After his death the trustees named in the mutual trust-disposition and settlement entered upon the possession and management of the estate, and paid over the free annual income to the widow.

Mrs Westwood died on June 6th 1889 leaving a trust-disposition and settlement by which she conveyed to trustees named therein her whole means and estate, including all estate over which she had a power of disposal, for behoof of her son, Joseph Westwood, in the event of his surviving her (which happened).

For three years after her husband's death Mrs Westwood contributed nothing to the ward's support, but at Whitsunday 1886, and at each term of Whitsunday and Martinmas thereafter, she paid £20 to the curator bonis , and since her death her trustees had paid £40 annually towards the ward's maintenance.