Barford v Street
| Jurisdiction | England & Wales |
| Judgment Date | 06 June 1809 |
| Date | 06 June 1809 |
| Court | High Court of Chancery |
English Reports Citation: 33 E.R. 935
HIGH COURT OF CHANCERY
barford v. street. Bolls. June Gth, 1809. Devise and bequest of real and personal estate in trust to pay the rents, dividends, &c., to the separate use of a married woman for life; and after her decease to convey, &c. according to her appointment by Deed or Will; with a limitation over, in case of her death in the life of the testatrix, or in default of appointment. Absolute property : notwithstanding the indication of an intention, that the estate should remain in the trustee for her life, with powers, inconsistent in a great degree with the supposition of her having, or being able to acquire, the absolute interest. Theodosia Sophia White, by her Will, dated the 8th of January 1802, after giving some pecuniary legacies, and giving all her household furniture, jewels, and other specific articles, to Mary Barford, and in case she, the testatrix should die, before Mary Barford should attain twenty-one, to be preserved for her use, and delivered to her at that age, gave and devised all the [136] residue of her personal estate, and all her real estate, to Thomas Street: to hold to him, his heirs, executors, &c., upon the several trusts following : that is to say, upon trust, that he, his heirs, executors, &c., do and shall pay the rents, issues, interests, dividends, and produce, thereof, as the same should be received, to Mary Barford, for and during the term of her natural life, to and for her own sole and separate use and benefit, and not to be subject or liable to the controul, debts, or engagements, of any husband she might marry : declaring, that the receipt or receipts of her, whether married or single, should be a good and sufficient discharge for so much of such rents, issues, &c.,as should be therein acknowledged or expressed to be received; and from and immediately after her decease upon farther trust to convey, c., the whole of the residue of the real and personal estate and effects to and among such person or persons, and in such proportions, and at such time or times, and in such manner, 936 BARFORD V. STREET 16 VES. JtJN, 137. us Mary Bar ford in her life-time, whether married or single, shall from time to time by any deed or deeds, writing or writings, executed by her and duly attested, or by her last Will and Testament in writing, or any writing purporting to be her last Will, signed and published by her, and duly attested, limit or appoint; and in case of her...
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Table of cases
...1097 (H.L.).......................................................................... 71 Barford v. Street (1809), 16 Ves. Jun. 135, 33 E.R. 935 (Ch.) ............................... 23 Bathgate v. National Hockey League Pension Society (1994), 110 D.L.R. (4th) 609, 16 O.R. (3d) 761, [1994]......
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Powers
...favour. The beneficial interest then merges in the beneficiary, and she can terminate the trust. Barford v Street (1809), 16 Ves Jun 135, 33 ER 935 (Ch). THE L AW OF TRUSTS 26 This is an example of a special power of appointment because if my daughter chooses to give away my watch, it must ......
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Powers
...The beneficial interest then merges in the beneficiary and she can terminate the trust. Barford v. Street (1809), 16 Ves. Jun. 135, 33 E.R. 935 (Ch.). THE LAW OF TRUSTS 24 A hybrid or intermediate power of appointment enables the appointor to appoint to anyone except certain individuals d......