Christ's Hospital v Budgin & Ux'
| Jurisdiction | England & Wales |
| Judgment Date | 30 May 1712 |
| Date | 30 May 1712 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 1043
HIGH COURT OF CHANCERY
[683] de term. S. trinitatis, 1712, in curia cancellari^. Case 608.-christ's hospital versus budgin & Ux'. May 30 [1712]. [1] Eq. Ca. Ab. 70, pi. 13, S. C. Husband lends out money in the names of himself and his wife, upon mortgages and bonds, and dies. The wife is intitled to this by survivorship, if there are assets sufficient without this money to pay debts. Thomas Garraway's personal estate being decreed to be applied to the payment of ò debts and legacies in case of his real estate, which by his will was made liable thereto ; upon the account before the master, his widow and executrix, now the wife of the defendant Budgin, insisted, that several mortgages and bonds for money lent by her husband, being taken in the name of the husband and wife, she was entitled thereto as survivor, and the same ought not to be brought into the account, as part of the personal estate ; and the master having stated that matter specially, For the heirs it was insisted, that the wife was but in the nature of a trustee, the money being the husband's ; and if paid in the life of the husband, it would have fallen into his personal estate again, and he not accountable to the wife (vide Kingdon v. Bridges, ante, p. 67, where per cur. " The wife cannot be a trustee for the husband "); and if this should not be liable to debts, the husband, by joining [684] his wife in the security, might defraud...
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