Clifford v Beaumont
| Jurisdiction | England & Wales |
| Judgment Date | 10 March 1828 |
| Date | 10 March 1828 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 828
HIGH COURT OF CHANCERY
[325] clifford v. beaumont. Rolls. March 10, 1828. A testator gave to his daughter a legacy of 10,000, " payable and to be paid unto her in manner following, viz. a sum of 5000 upon her marriage under twenty-one, with the consent of his trustees, and the sum of 5000, within two years afterwards." The daughter married under twenty-one, without consent of the trustees ; and, her first husband dying, she married a second husband at the distance of thirty years from her first marriage: Quaere, if, on such second marriage, she became entitled to the 10,000. The testator, Sir Thomas Blackett, by his will, among other things, gave to his daughter Louisa a legacy of 10,000, '' payable and to 1)6 paid to her in manner following ; that is to say, the sum of 5000 upon her marriage (with such consent and approbation as aforesaid), and the sum of 5000 within two years afterwards." The consent and approbation referred to was expressed in a former part of the will, where certain real estates were devised in remainder to the use of the daughter Louisa, " or such person as she shall first intermarry with, if any (if, before she attain the age of twenty-one, by and with the consent and approbation of John Erasmus Blackett and Thomas Cotton, or the survivor and his heirs, and which person shall also previously make a competent settlement on her my said daughter Louisa, by deed or deeds in writing, to the like approbation of the said John Erasmus Blackett and Thomas Cotton), &c." The daughter Louisa, now the Plaintiff Mrs. Clifford, intermarried, before she attained twenty-one, with Mr. Stackpole, without the consent and approbation required : and afterwards, she, with Mr. Stackpole, filed their bill in this Court, claiming the legacy of 10,000, and the other provisions made for her by the will. In that suit, which came on to be heard before Lord Rosslyn, and is reported under the name of Stackpole v. Beaumont, it [326] wtia declared, that she was not entitled to the legacy of 10,000. (3 Ves. 89. In that report, the will, on which the question arises, is stated at length.) Mr. Stackpole the husband having died, the Plaintiff Mrs. Clifford, at the distance of about thirty years from the first marriage with Mr. Stackpole, intermarried with the Co-plaintiff Mr. Clifford ; and the present bill was filed, claiming the legacy of 10,000, upon the ground that the legacy was payable to her upon...
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Agassiz v Squire
...Mr. Sparling, for Mr. Agassiz. Mr. Craig and Mr. C. C. Barber, for the children of George B. Stackpoole, referred to Clifford v. Beaumont (4 Russ. 325) ; Chaplin v. Chaplin (3 P. Wms. 229); Co. Litt. (p. 298 a.); 3 & 4 Will. 4, c. 74, s. 47 ; Sugden on Real Property (p. 196, pi. 14); 2 Sug.......
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Wentworth Blackett Beaumont against John Squire
...certain contingency, but whether the estates vested at all. A decision bearing on the present question was given in Clifford v. Beaumont (4 Russ. 325), on bill in equity claiming the 10,0001. legacy. Sir John Leach M.R. there followed that which he considered to be the opinion of Lord Lough......