Lord Parker of Waddington:—

Two points arise for decision in the present case. The first is whether the appointment of 22nd March, 1882, is a valid appointment, a question which is for the most part a question of law. The second is whether the contract of 18th August, 1886, was induced by fraud and ought therefore to be set aside, a question which is for the most part a question of fact.

The late Henry Vatcher, senior, who was born in England, was twice married, first to Margaret Way, who died in 1843, and secondly to Eliza Frances Tonkin Higgs. There was issue of the first marriage two children, namely, Margaret, who married a Mr. Torkington, and Henry who married Maria George Andrew, spinster, and died in 1863, leaving issue the respondents Maria Florence Paull and Ellen Vatcher. There was issue of the second marriage of Henry Vatcher, senior, six children namely, the appellant John Sidney Adolphus Vatcher, the appellant Edith Mary Atkinson, Bessie Gertrude, who died in 1885, without issue the respondent Charless Gardner Vatcher, the appellant James Raynold Morley Vatcher, and the appellant Rose Ethel Monckton.

By an indenture of settlement dated 6th April, 1846, (being a settlement made in contemplation of the second marriage of Henry Vatcher, senior), certain funds of the value of £8000, or thereabouts were settled upon trusts for the payment of the income thereof during the joint lives of Henry Vatcher, senior, and his second wife in manner therein provided, and after the death of Henry Vatcher, senior, in case his second wife should survive him, to the second wife during her life or until remarriage. And, subject as aforesaid, in trust for the children of Henry Vatcher, senior, whether by his first or second marriage, or the issue of such children born in the life-time of Henry Vatcher, senior, and the second wife or of the survivor of them in such shares, upon such conditions, and in such manner as Henry Vatcher, senior, and his second wife should by writing appoint, and in default of such appointment as the survivor of them should by writing or by will appoint, and in default of any such appointment in trust for the children of the said Henry Vatcher, senior, by either marriage who being males should attain twenty-one years or being females should attain that age or marry and the issue of any male child who should die under twenty-one years of age leaving issue who should be living at the period of distribution, to be divided between them if more than one in equal shares, the issue of any deceased male taking per stirpes and not per capita.

By virtue of certain further indentures dated respectively 19th October, 1847, and 19th May, 1855, certain further funds were settled upon trusts similar in all respects to those declared by the settlement of 6th April, 1845, except that there was no power of appointment conferred on the survivor of Henry Vatcher, senior and his second wife. The aggregate value of the settled property at the death of Henry Vatcher, senior, was about (1) £ 27,000.

In the year 1857, Henry Vatcher, senior, with his wife and family took up their abode in the island of Jersey.

In the year 1863 he and his second wife purchased jointly with benefit of survivorship a residential property in the island known as "Rosemount," and made their home there. Between the year 1865, and the time of his death Henry Vatcher, senior, made several further purchases of real property in the island. Some of the properties purchased were conveyed to Henry Vatcher, senior some to Henry Vatcher, senior and the appellant John Sidney Adolphus Vatcher jointly with benefit of survivorship, and some to Henry Vatcher, senior and the appellant John Sidney Adolphus Vatcher jointly for themselves and their heirs. In every case the greater part of the purchase price was satisfied by the creation of "rentes" or incurnbrances on the property then or previously purchased.

By a deed of appointment dated 22nd March, 1882, Henry Vatcher senior, and h