Benjamin Archer v John Gardiner and Jane, his Wife, Maria Graham, and Others
| Jurisdiction | England & Wales |
| Judgment Date | 03 November 1837 |
| Date | 03 November 1837 |
| Court | High Court of Chancery |
English Reports Citation: 47 E.R. 534
COURTS OF THE CHANCELLOR
[340] benjamin archer v. john gardiner and jane, his Wife, maria graham, and others. V.-C. July 18, Nov. 3, 1837. There being an assignment by way of security for the husband's debt of a moiety of the wife's contingent fund, and the wife, when the contingency happened, insisting upon a settlement, and a moiety being settled :-Held, with reference to subsequent C. F. COOPER Ml. AKCHER V. GARDINER 535 assignments of portions of the entire fund, that the first assignment passed all the remaining moiety, and not the half of it. A married woman insisting upon her equity to a settlement, and the Court giving her a moiety of the fund, her costs deducted before the division. By an indenture dated the 28th June 1823, and made between the above-named Defendants John Gardiner and Jane his wife, of the one part, and the Defendant Maria Graham of the other part, in consideration of 510 due from the Defendant John Gardiner to the Defendant Maria Graham, it was witnessed that the said Defendants John Gardiner and Jane his wife did bargain, sell, assign, transfer, and set over unto said Defendant Maria Graham, her executors, administrators, and assigns, all that one moiety of the one-fifth or other part, share, and interest of the said Defendant John Gardiner in right of said Defendant Jane Gardiner, or either of them, in the principal sum of 7350 4 per cent, consolidated Bank annuities, or other stock or funds to which he, she, or either of them was entitled under the will therein mentioned, in reversion expectant on the decease of one Elizabeth Graham, contingent upon aaid Defendant Jane Gardiner being the longest liver of them, and all benefit, &c., and all the estate, &c.: to have, hold, receive, take, and enjoy said one moiety of the share and interest of him the said Defendant John Gardiner, in right of said Defendant Jane Gardiner, or of either of them, of, in, to, and out of said principal sum of 7350 4 per cent, consolidated Bank annuities, or of the stocks and funds aforesaid, and every part thereof, from and immediately after the decease of said Elizabeth Graham unto said Defendant Maria Graham, her executors, administrators, [341] and assigns : upon trust to receive same, and retain and repay herself and themselves the said sum of 510, and all sums of money which then might be due for interest thereon, and also for...
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