Aleyn v Belchier
| Jurisdiction | England & Wales |
| Judgment Date | 05 July 1758 |
| Date | 05 July 1758 |
| Court | High Court of Chancery |
English Reports Citation: 28 E.R. 634
HIGH COURT OF CHANCERY
S. C. 2 Wh. & T. L. C. (7th ed.) 308.
aleyn v: belchiee. July 5, 1758. [S. C. 2 Wh. & T. L. 0. (7th ed.) 308.] Power of jointuring executed in favour of a wife, but with an agreement that the wife should only receive a part as an annuity for her own benefit, and that the residue should be applied to the payment of the husband's debts : held, a fraud upon the power, and the execution set aside, except so far as re ated to the annuity, the bill containing a submission to pay it, and only seeking relief against the other objects of the appointment.-S. C. Sugd. on Powers, App.; Amb. MSS. The Eeverend Thomas Aleyn, being seised of a real estate in Essex of the yearly value of £540, subject to a mortgage for a term of five hundred years to Sir Charles Palmer for £500, and having a nephew, Edmund Aleyn, and two brothers, the plaintiff, Giles Aleyn, and William, who was a defendant, by his will, bearing date the 28th of May 1746, devised'the same to Eyre and Bragg, in trust, by sale or mortgage, to raise money and pay his debts and legacies, and to permit his wife to receive the rents and profits of the residue for her life, and after her death, in trust, to convey to [133] his nephew Edmund for life, with remainder to his first and other sons in tail male, with proper limitation, to support contingent remainders, with a power to his nephew to make a jointure on any woman he should then after marry for her life, in bar of dower ; with powers to provide for younger children, and to make leases, with remainder to the testator's brother Giles for life, remainder to his first and other sons in tail male ; remainder to his brother William for life; remainder to his first and other sons in tail male : remainder to his own right heirs : he gave his brother the plaintiff an 1 EDEN, 134. ALE7N V. BELOHIER 635 annuity of £30 a-year for his life, to be paid out of his estate, to be increased to £50 a-year in case his nephew should survive his, the testator's wife. A bill was filed soon after the testator's death by the widow, and on the 14th of February 1749, a decree made to establish the will, and for payment of debts and legacies by mortgage or sale in the usual way. The Master reported there was due for debts and legacies £1516, Is. I0d. which he approved to be raised by mortgage. The widow died in April 1750, and Edmund became entitled to the possession of the estate. The defendant, William Belchier, having advanced money to pay off the incumbrances, a mortgage bearing date the 26th and 27th of June 1750, was made of the estate to him in fee, and the term for years was assigned to John Belchier, in trust for W. Belchier. Edmund was very extravagant, and became indebted to William Belchier, in the sum of £1760. On the 4th June 1750, Edmund married the defendant Jane, who was a low woman without fortune, and no provision for her was either made or agreed to be made; but soon after the marriage, by articles of agreement, bearing date the 1st of August 1750, and made...
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Bhasin v. Hrynew et al., (2014) 584 A.R. 6
...- The issues - Issues to be raised must be pleaded - [See Courts - Topic 587 ]. Cases Noticed: Aleyn v. Belchier (1758), 1 Eden 132; 28 E.R. 634, refd to. [para. 35]. Mills v. Mills (1938), 60 C.L.R. 150 (Aust. H.C.), refd to. [para. 35]. Mellish v. Motteux (1792), Peake 156; 170 E.R. 113, ......
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Bhasin v. Hrynew, [2014] 3 SCR 494
...As such, it follows that the claims against H were rightly dismissed. Cases Cited Referred to: Aleyn v. Belchier (1758), 1 Eden 132, 28 E.R. 634; Mills v. Mills (1938), 60 C.L.R. 150; Mellish v. Motteux (1792), Peake 156, 170 E.R. 113; Carter v. Boehm (1766), 3 Burr. 1905, 97 E.R. 1162; Her......
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Bhasin v. Hrynew et al., (2014) 464 N.R. 254 (SCC)
...- The issues - Issues to be raised must be pleaded - [See Courts - Topic 587 ]. Cases Noticed: Aleyn v. Belchier (1758), 1 Eden 132; 28 E.R. 634, refd to. [para. 35]. Mills v. Mills (1938), 60 C.L.R. 150 (Aust. H.C.), refd to. [para. 35]. Mellish v. Motteux (1792), Peake 156; 170 E.R. 113, ......
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...Hinchin-broke v. Seymour (1 Bro. C. C. 395) is the type: and, thirdly, cases which combine both those defects, such as Aleyn v. Belchier (1 Eden, 132); Askham v. Barker (12 Beav. 499); Farmer v. Martin (2 Sim. 502); and Jackson v. Jackson (4 Bra. C. C. 462). In all these the vice was twofol......
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...A-F Debruche & Y Campagnolo, Quebec Contract Law (Montreal: Wilson & Lafleur, 2011) ch 1. 5 See Aleyn v Belchier (1758), 1 Eden 132, 28 ER 634 at 637 (to the effect that “a person having a power, must execute it bona fide for the end designed”) [ Aleyn ]; Carter v Boehm (1766), 3 Burr 190......
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...CLR 71, 113 (Gaudron and McHugh JJ). (50) Mills (1938) 60 CLR 150,185 (Dixon J). (51) Ibid, quoting Aleyn v Belchier (1758) 1 Eden 132,138; 28 ER 634, 637 (Lord Northington). (52) Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656, 671 (Lindley MR). See also Richard Brady Franks Ltd v Pr......