Allin v Crawshay
| Jurisdiction | England & Wales |
| Judgment Date | 21 November 1851 |
| Date | 21 November 1851 |
| Court | High Court of Chancery |
English Reports Citation: 68 E.R. 555
HIGH COURT OF CHANCERY
S. C. 21 L. J. Ch. 873.
[382] allin v. crawshay. Nov. 14, 21, 1851. [S. C. 21 L. J. Ch. 873.] A marriage settlement declared the trusts of a sum of stock to be that, during the joint lives of the husband and wife, the dividends should be paid to the wife for her separate use ; and, if she should die in the husband's lifetime, the principal sum should be transferred to him absolutely; and if the husband should die in the wife's lifetime, then the same should be held in trust for such person as the wife should by will appoint. The wife survived the husband. Held, that the wife took, by implication, a life interest in the trust fund. 556 CROSSLEY V, CROWTHER 9 HAitE, 383. Upon the marriage of "W. Crawford and Clara, Ms wife, Richard Crawshay settled the sum of £1900 3^ per cent; annuities, standing in the names of trustees upon trust, during the joint lives of the husband and wife, to pay the dividends to the wife for her separate use; and, if the wife should die in the lifetime of the husband, to transfer the principal sum to the husband absolutely; but if the husband should die in the lifetime of/the wife, then to transfer the same to such person or persons, and upon and for such trusts, intents and purposes, and subject to such powers, provisoes, conditions and agreements as the wife should by her last will direct or appoint; and, in default of such appointment, to stand possessed of the same in trust for the person or persons who, at the time of her decease, would have been entitled to her personal property under the statutes for the distribution of the personal estates of persons dying intestate in case she had died intestate, and without having been married. The husband died in 1840, leaving Clara, his widow, surviving. The widow afterwards took the benefit of the Insolvent Act, and her assignees filed their clamv against the trustees of the £1900 stock for payment of the. dividends during her life. Mr. Renshaw, for the Plaintiffs, contended...
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