Barton v Briscoe
| Jurisdiction | England & Wales |
| Judgment Date | 12 August 1822 |
| Date | 12 August 1822 |
| Court | High Court of Chancery |
English Reports Citation: 37 E.R. 978
HIGH COURT OF CHANCERY
See Woodmeston v. Walker, 1831, 2 Russ. & My. 207; Massey v. Parker, 1834, 2 My. & K. 183; Davies v. Thornycroft, 1836, 6 Sim. 423; Brown v. Bamford, 1846, 1 Ph. 627.
978 BARTON V. BRISCOE JACOB, 603. [603] barton v. briscoe. Rolls. Aug. 5, 12, 1822. [See Waodmeston v. Walker, 1831, 2 rubs. & My. 207 ; Massey v. Parker, 1834, 2 My. & K. 183 ; Dames v. Thornycroft, 1836, (5 Sim. -423 ; rown v. Bam ford, 1846, 1 Ph. 627.] Settlement in trust for the separate use of a married woman for life, but so as not to anticipate, with remainder as she should appoint by will ; and in default of appointment, to A. On the death of her husband, the restraint on anticipation ceases, and therefore she is entitled, with the concurrence of A., to a transfer of the fund. By indentures dated in August 1811, made upon the occasion of the sale of certain estates belonging to James Barton, in which Marian Barton his wife joined for the purpose of relinquishing her right of dower, two sums of 14,000 and of 5833 3 per cent, consols were paid and transferred to trustees, upon trust to lay out the same in the funds, or on real or government securities, with the consent of Marian Barton, signified by some writing signed by her, notwithstanding her coverture, and from time to time, with her consent, during her life to vary the securities, and upon trust to pay the dividends, interest, arid annual produce to such person or persons, and for such intents and purposes, as she should from time to time, notwithstanding her coverture, by any writing or writings signed by her with her name, in her own handwriting, appoint ; but not so as to deprive herself of the intended use or benefit thereof by sale, mortgage, charge, or otherwise, in the way of anticipation ; and for want of such direction, into her own proper hands for her own separate and peculiar use and benefit, independently and exclusively of the said James Barton, who was not to intermeddle therewith, nor was the same to be liable to his controul, debts, or interference; and it was declared that her receipts for the dividends should, notwithstanding her coverture, be sufficient discharges; and after her death, upon trust to transfer the same to such person or persons, &c., as the said Marian Barton by her will or codicil signed by her, and attested by two witnesses, should appoint; and in default of such appointment, to transfer the same to Marian...
To continue reading
Request your trial
-
Heath v Wickham
...191. Green v. Green 2 Jo. & L. 541. Stewart v. Marquis of DonegalENR 2 Jo. & La. 636. Page v. SoperENR 11 Hare, 321. Barton v. BriscoeENR Jac. 603. In re Chambers 11 Ir. Eq. R. 518. Roberts v. TunstallENR 4 Hare, 257. Bright v. LegertonENR 2 De G. F. & J. 606. Harcourt v. WhiteENR 28 Beav. ......
-
Re Gaffee's Settlement
...Appellant. Mrs. Gaffee's power of appointment was commensurate with her life interest; and although, on the authority of Barton v. Briscoe (Jac. 603), she might, while she was discovert, have made any disposition she pleased of her life interest in the property, still, when she married agai......
-
The Trusts of the Settlement of Benjamin Gaffee and Hannah his Wife, and the Act
...Mr. Wood and Mr. Parsons, for the appeal petition. Admitting that an alienation during widowhood would have been valid, Barton v. Briscoe (Jacob, 603), it is firmly established that, wherever there is a settlement of property to the separate use of a woman, and she is prohibited from antici......
-
Chism v Lipsett
...DIVISION Appeal CHISM and LIPSETT. Barton v. BriscoeENR Jac. 603. Brenan v. Boyne 16 I. R. Ch. R. 87. Buckler's Case 1 Co. Rep., Part II., 55 a. Crozier v. Crozier 3 Dr. & W. 382. Darlington v. Hamilton Key, 550. Davis v. Tollemache 2 Jur. (N. S.) 1181. Doe v.RobinsonENR 8 B. & C. 296. Fitz......