Bruen v Bruen

JurisdictionEngland & Wales
Judgment Date13 May 1702
Date13 May 1702
CourtHigh Court of Chancery

English Reports Citation: 23 E.R. 881

HIGH COURT OF CHANCERY

Bruen
and
Bruen

See King v. Withers, 1735, Ca. T. Talb. 123; Remnant v. Hood, 1860, 2 De G. F. & J.413; Davies v. Huguenin, 1863, 1 Hem. & M. 744; Henty v. Wrey, 1882. 21 Ch. D. 356.

[439] Case 403.-bruen versus BRUEN. [See King v. Withers, 1735, Ca. T. Talb. 123 ; Remnant v. Hood, 1860, 2 De G, F. & J. 413 ; Davies v. Huguenin, 1863, 1 Hem. & M. 744; Henty v. Wrey, 1882. 21 Ch. D. 356.] May 13 [1702]. [1] Eq. Ca. Ab. 267, pi. 2; Pre. Ch. 195, S. C. A term is created by marriage-settlement to raise 3000 for daughters portions within twelve months after the death of the survivor of husband and wife. There being one daughter, the father by will devises the trust lands to make good his wife's jointure, and to raise 3000 for his daughter's portion. The daughter shall not have two portions of 3000, and she dying at the age of five years, and the portion being to be raised out of land, it shall not be raised for her administrator. By the marriage-settlement, a term was lodged hi trustees, to commence after the decease of the father and mother, in trust to raise 3000 in twelve months after the 882 KENDAR V. MILWARD 3 VEBN. 440. death of the survivor, for portions for daughters ; there being issue only one daughter of the marriage, the father by will devised the trust-lands to make good his wife's jointure of 200 per ann. and for raising 3000 for his daughter's portion; and died, leaving issue a daughter, who died when five years old. The mother took out administration to her, and claimed the 3000 against the...

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19 cases
  • Remnant v Hood
    • United Kingdom
    • High Court of Chancery
    • November 20, 1860
    ...legacy and a legacy payable out of land. Karl lHners v. Earl Derby (2 Vern. 71), though referred to, is not much in point. Brutn v. Brwn, (2 Vern. 439; Free. Ch. 195), with the additional fact supplied by Mr. Raithby's note, shews, that where no time is fixed except that the legacies are on......
  • 93 ER 495
    • United Kingdom
    • Court of the King's Bench
    • January 1, 1795
    ...Cowper v. Scoti, 3 P. Wms. 119. Wilson v. Spencer, ib. 172. But Norfolk v. Gifford, 2 Vern. 208. Brewin v. Brewin, Prec. in Chanc. 195. 2 Vern. 439, S. G. Warr v. Warr, Prec. in Chanc. 213. Lord Teynham v. Webb, 2 Vez. 198. Tunstall v. Bracken, 1 Bro. Cha. Rep. 124 n. Lord Hinchinbroke v. S......
  • Hutchins v Fitzwater Foy and Josias Gover
    • United Kingdom
    • Court of the King's Bench
    • January 1, 1792
    ...to raise the portions. Cases to this effect are numerous, Smith and Smith (a)4, 2 Vern. 92, 416 (b)'2. So in the case of Bruen atid Bruen, 2 Vern. 439. Pre. Cha. 195 (c)'2, S. C. Tournay and Tournay (d), Pre. Cha. 290. Warr and Warr(e), Hil. 1702. Edwards and Freeman, Mich. 1727. 1 Eq. Abr.......
  • Harrison v Buckle
    • United Kingdom
    • Court of the King's Bench
    • Invalid date
    ...Cowper v. Scoti, 3 P. Wms. 119. Wilson v. Spencer, ib. 172. But Norfolk v. Gifford, 2 Vern. 208. Brewin v. Brewin, Prec. in Chanc. 195. 2 Vern. 439, S. G. Warr v. Warr, Prec. in Chanc. 213. Lord Teynham v. Webb, 2 Vez. 198. Tunstall v. Bracken, 1 Bro. Cha. Rep. 124 n. Lord Hinchinbroke v. S......
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