Re Legh’s Resettlement Trusts, Public Trustee v Legh In the exercise of a special power of appointment conferred upon him by a deed of 1891, a testator by his will appointed a sixth part of the settled funds upon the following trusts in favour of his two grandchildren: “upon trust during the joint lives [of the grandchildren] to pay the income thereof to them in equal shares as tenants in common and after the death of either of them to pay the whole of the income thereof to the survivor of them during the residue of his or her life.â€