Anstruther v Adair
| Jurisdiction | England & Wales |
| Judgment Date | 10 June 1834 |
| Date | 10 June 1834 |
| Court | High Court of Chancery |
English Reports Citation: 39 E.R. 1040
HIGH COURT OF CHANCERY
See In re Fitzgerald, 1904, W. N. 61.
[513] anstruthek v. adair. Feb. 18, June 10, 1834. [See In re Fitzgerald, 1904, W. N. 61.] Where a contract is made between persons domiciled in a foreign country, and in & form known to the law of that country, the Court, in administering the rights of parties under it, will give it the same construction and effect as the foreign law would have given to it. If, therefore, a domiciled Scotchman would be held entitled in Scotland by virtue of a marriage contract executed there, and in the Scotch form, to receive whatever property accrued during coverture to his wife, this Court will enforce his right, as against any such property coming within its jurisdiction, and will not raise an equity for a settlement in favour of the wife in opposition to the provisions of the contract. In the year 1828, an antenuptial contract in the common Scotch form was executed ia Scotland by the Plaintiffs, James Anstruther and Marian his wife, both of whom were natives of Scotland, and domiciled in that country. Under that contract, and in consideration of certain provisions thereby agreed to be made by the intended husband in favour of the wife and children of the marriage, and in consideration also of a covenant whereby Mr. Anstruther's father bound himself to make certain provisions for the benefit of his son, the intended wife "assigned, disponed, and made over to and in favour of the Plaintiff James Anstruther, and herself, and the survivor, in conjunct fee and liferent, and to the child or children, one or more, of the intended marriage, and the issue of the bodies of such child or children, whom failing, to her own nearest heirs and assignees in fee, all and sundry goods, gear, debts, and sums of money, as well heritable as moveable, that were then belonging or resting owing to her, or that should pertain and be owing to her during the subsistence of the said marriage, other than the provisions secured to her as aforesaid by virtue of the said marriage contract, with all action and execution competent to her thereanent." The marriage was solemnised in Scotland shortly afterwards, and the parties continued to reside there. Under the settlement made on the marriage of her parents, Mrs. Anstruther T ecame entitled, on attaining [514] twenty-one, to an absolute interest in a sum of the 3 per cent, stock standing in the names of trustees, subject to...
To continue reading
Request your trial
-
Sterling (Eileen Beverley) v Frank Arthur Sterling
..."The general rule... that questions as to the transfer of proprietary rights in immovables are governed by the lex situs." The case of Anstruther v Adair (1834) 39 ER 1040 also illustrates this principle. In that case, Mr. and Mrs. Anstruther entered into an antenuptial contract in a form t......
-
The Marquess of Breadalbane v The Marqaues of Chandos
...of carrying into effect the provisions before expressed; and of these the right to legitim formed no part. In Anstruther v. Ailair (2 Mylne & Keen, 513), the case arose out of a settlement which was executed in Scotland, between parties domiciled in that country, and the question was with r......
-
Henry Thurburn and Another, - Appellants; Robert Steward and Another, - Respondents
...referred to by the Plaintiffs apply, especially sects. 276 and 276 (a) of Story's Conflict of Laws, and the case of Anstruther v. Adair (2 My. and K. 513) there referred to. The question for the decision of the Court, however, is of a totally different nature. It is in regard to the right o......
-
Nesbitt v Baldwin
...and John Buckley as executors. On the 3rd of June, 1880, the Defendant filed. a petition for arrangement in the Court (1) Jae. 544. (2) 2 My. & K. 513. VOL. VII.] CHANCERY DIVISION. 135 of Bankruptcy, but this proceeding had been stayed by the Court, V. C. on the Defendant carrying an arran......