Bacon v Cosby
| Jurisdiction | England & Wales |
| Judgment Date | 17 March 1851 |
| Date | 17 March 1851 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 824
HIGH COURT OF CHANCERY
S. C. 20 L. J. Ch. 213; 15 Jur. 695. See Codrington v. Lindsay, 1872-75, L. R. 8 Ch. 587; L. R. 7 H. L. 854.
[261] bacon v. cosby. March 12, 17, 1851. [S. C. 20 L. J. Ch. 213; 15 Jur. 695. See Codrington v. Lindsay, 1872-75, L. E, 8 Ch. 587; L. E. 7 H. L. 854] Devise and bequest to one daughter, with a direction that her portion should devolve, in case of her dying without children, to another daughter and her children : Held, to give to the former an estate tail in the realty and an absolute interest in the personalty. Two ante-nuptial settlements of even date, one of realty and the other of personalty : Held, to be one settlement for the purpose of putting to her election a person whose property was affected by one, and who claimed a benefit under the other; and the circumstance that her property so affected was a remainder in tail, which the settlor might have barred, was unsuccessfully relied upon in favour of a contrary view. Eobert Ashworth, by his will, dated the 1st of November 1837, gave as follows :- " I hereby revoke all wills and testaments and codicils that I may have made, and leave my entire fortune equally divided between my two daughters, the part that I may have already given to my youngest being considered to form part of her moiety. I likewise direct that the portion of my said youngest daughter Marie shall devolve, in case of her dying without children, to my eldest daughter Emily and her children." The testator died in December 1837, leaving him surviving his two daughters mentioned in his will. The elder, Emily, the wife of Sidney Cosby, had, at the date of the will, and of the testator's death, two children. / The younger, Margaret Marie Schomberg, was a widow at the dates of the will and of the testator's death, and had had no child. In July 1841 Mrs. Schomberg married Mr. Wellesley Pole Cosby; and on that occasion two settlements were made, one of her real estate and the other of her personal estate. Both bore date the 1st of July 1841, and were executed prior to the marriage, and on the same day. There were three trustees of the former settlement, and the same three with a fourth trustee of the latter, and neither settlement referred to the other. By the settlement of the realty the undivided moiety or other the part or share, estate or interest, of or to which Mrs. Schomberg [262] was entitled under her father's will, or as one of his co-heiresses...
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