Amicable Society for a Perpetual Assurance Office, - Appellants; Bolland and Others, Assignees of Fauntleroy, - Respondents

JurisdictionEngland & Wales
CourtHigh Court of Chancery
Judgment Date01 January 1830
Date01 January 1830

English Reports Citation: 6 E.R. 630

FROM THE COURT OF CHANCERY, ENGLAND.

Amicable Society For a Perpetual Assurance Office
-Appellants
Bolland and Others, Assignees of Fauntleroy
-Respondents.

Mews' Dig. viii. 75. S.C. 4 Bli. N.S. 194: and, in Court of Chancery, 3 Russ. 351. (Bolland v. Disney; Fauntleroy's case.) Considered in Cleaver v. Mutual Reserve Fund Life Association [1892], 1 Q.B. 149. See also Borradaile v. Hunter, 1843, 5 M. and G. 639; Gift v. Schwabe, 1846, 3 C.B. 437; Dufaur v. Professional Life Co., 1858, 25 Beav. 602; Horn v. Anglo-Australian Co., 1861, 7 Jur. N.S. 673.

KEPOKTS OF CASES heard in the House of Lords on Appeals and Writs of Error, and decided during the Session 1830. By P. Dow and C. clark, Barristers-at-Law. Vol. II. APPEAL from the court of chancery, england. AMICABLE SOCIETY FOR A PERPETUAL ASSURANCE OFFICE,-Appellants; HOLLAND and OTHERS, Assignees of Fauntleroy,-Eespondents. [Mews' Dig. viii. 75. S.C. 4 Bli. N.S. 194: and, in Court of Chancery, 3 Russ. 351. (Botttmd v. Disney; FawrMeroy's case.) Considered in Clea/ver v. Mutual Reserve Fund Life Association [1892], 1 Q.B. 149. See also Borradaile v. Hunter, 1843, 5 M. and G. 639; Cliff v. Schwabe, 1846, 3 C.B. 437; Dufawr v. Professional Life Co., 1858, 25 Beav. 602 ; Horn v. Anglo-Australian Co., 1861, 7 Jur. N.S. 673.] H. F. assures his life in January 1815, and pays premiums regularly till 1824. In June 1815, H. F. commits a felony, of which he is convicted in October, and for which he is executed in November, 1824. Bill filed in 1825 by the representatives of H. F., claiming under him and in his right, for payment of the sum alleged to be due on the insurance, and decree by M. R. in favour of the representatives; but the judgment reversed by the Lords, on the ground that by the general policy of the law the insurance became void, as to those claiming under and in right of H. F., in consequence of the death's being occasioned by his own criminal act. In Hilary term 1825 the Respondents filed their bill of complaint in the high Court of Chancery against [2] James Cathrow Disney and Ann Nelson his wife, Sir Everard Home, bart., Joseph Birch, Jedediah Kerie, and the Appellants, stating (amongst other things) that in and for many years, previous to September 1819, Henry Fauntleroy, late of Berner-street, in the county of Middlesex, esquire, deceased, carried on the trade and business of a banker in Berner-street aforesaid, in partnership with William Marsh, Josias Henry Stracey and George Edward Graham, under the style and firm of Marsh, Stracey, Fauntleroy and Graham. That in the month of January 1815 the said Henry Fauntleroy effected an insurance upon his life with the Appellants, the incorporated Society for the insurance of lives, called " The Amicable Society for a Perpetual Assurapce Office," which policy bears date the llth of January 1815, whereby, after reciting that the said Henry Fauntleroy had paid to the said society the sum of £25, by way of premium on his admission, and the further sum of £128 15s. as the first yearly payment of the said annual sum of £128 15s., which the said Henry Fauntleroy had agreed to pay yearly to the said Society, according to the provisions of the bye-laws of the said Society, it was witnessed, that in consideration of the premises the said Henry Fauntleroy was thereby admitted a member of the said Society on Nos. 6,025 6 026 6,027, 6,028, 6,029, 6,030, 6,031, 6,032, 6,033, 6,034, 6,035., 6,036, 6,037, 6,038 6,039, 6,040, 6,041, 6,042, 6,043, 6,044, 6,045,, 6,046, 6,047, 6,048, 6,049; and the said Society did thereby oblige themselves and their successors to pay to the executors, 630 AMICABLE SOCIETY V. BOLLAND [1830] II DOW & CLARK. administrators or assigns of the said Henry Fauntleroy, such a proportion or share of the joint stock and fund of the said Society as should become due upon the death of the [3] said Henry Fauntleroy, according to the charters and bye-la.ws of the said Society. ò That such policy of assurance was duly signed by the directors, and was sealed with the seal of the said Society; and the said Henry Fauntleroy, from the time of the making of such policy of assurance until the time of his death, regularly paid the premiums as they became: due upon the said policy of assurance, and that such policy of assurance was, at the time of his death, a valid and subsisting policy of assurance; and that there was then due and payable thereon or in respect thereof, according to the charters and bye-laws of the said Amicable Society, a large sum of money, amounting to £6000 and upwards. That the said Henry Fauntleroy, being so possessed of and entitled to the said policy of assurance, some time in the month of January 1820 executed an indenture, which was made to bear date the 10th day of September 1819, and which was made and executed by and between the said Henry Fauntleroy, of the one part, and Sir Everard Home, bart. and Joseph Birch, esq. of the other part, whereby, after reciting the said policy of assurance, and that the said Henry Fauntleroy had agreed with the said Sir Everard Home and Joseph Birch to assign all the right, title and interest of him the said Henry Fauntleroy, of, in and to the said policy, and of the money secured thereby and to become due thereon upon the death of the said Henry Fauntleroy, it was witnessed, that in pursuance of the said agreement, and in consideration of 5s. to the said Henry Fauntleroy paid by each of them the said Sir Everard Home and Joseph Birch, he, the said Henry Fauntleroy, bargained, sold, assigned, transferred and set over all that the said policy of assurance, and all sum and sums of money secured thereby or to [4] become due thereon, and all the estate and interest of him the said Henry Fauntleroy, his executors, administrators or assigns, to have, receive, take, keep, possess and enjoy the said policy, sum and sums of money and premises, unto the said Sir Everard Home and Joseph Birch, their executors, administrators and assigns, thenceforth as to and for their own proper estate, goods, chattels, monies and effects. That the said Sir Everard Home and Joseph Birch, at or about the same time, executed a declaration of trust, which was made to bear date the 19th of September 1819, and they thereby declared that the before written assignment was made to them in trust for the benefit of Ann Nelson Macnamara, otherwise Cathrow, commonly called Cathrow, whose maiden name was Ann Nelson Peele, and that they would stand possessed of the said policy, and all benefit and advantage to arise therefrom, in trust, for the sole and separate use and benefit of the said Ann Nelson Macnamara, otherwise Cathrow, for her own sole and separate use and benefit, notwithstanding her coverture with her present or any future husband, and free from his and their debts, control and engagements; and that the receipt and receipts of the said Ann Nelson Macnamara, otherwise Cathrow, should be a good and sufficient discharge for any money arising therefrom, and that the said policy, and all benefit and advantage to arise therefrom, should be at the absolute disposal of the said Ann Nelson Macnama,ra, otherwise Cathrow, by deed, will, or in any other manner she should think fit; and the said Henry Fauntleroy thereby covenanted with the said Sir Everard...

To continue reading

Request your trial
10 cases

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT