Cook v Hutchinson
| Jurisdiction | England & Wales |
| Judgment Date | 12 February 1836 |
| Date | 12 February 1836 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 222
ROLLS COURT.
[42] cook v. hutchinson. Feb. 10, 12, 1836. By a deed between a father and son, reciting that the father was desirous of settling the property therein comprised, so as to make the same a provision for himself during his life, and for his wife and her children by him after his decease, he released and assigned the same and every part thereof to the son, upon the trusts thereinafter mentioned concerning the same. The father proceeded to declare the trusts as to part of his property in favour of his wife, a daughter, and a niece, but no trust was declared as to the surplus. Held, that the surplus did not result to the grantor, but belonged to the son; and, the father having been maintained by the son for fifteen years, a bill filed after the son's death by the father, and revived upon the father's death by his representative, was dismissed with costs aa to that part of it which sought an account of interest. By an indenture of release and assignment, dated the 29th of March 1817, and made between William Cook the elder, of the one part, and William Cook the only son of the said William Cook, of the other part, reciting the several mortgages and bonds by virtue of which William Cook the elder was, as sole executor and residuary legatee under the will of Michael Cook his brother deceased, seised of the mortgaged premises therein described subject to redemption, and possessed of or entitled to the several sums thereby secured, amounting together to the sum of 2050, and interest due thereon, and also that he was possessed of or entitled to the several personal chattels, consisting of household furniture, linen, and china, and farming stock and other effects described in the several schedules annexed to the said indenture; and also reciting that William Cook the elder was desirous of settling the property to which he was so entitled in such [43] manner as to make the same a provision for himself during his life, and for his wife Margaret Cook and her children by him after his death ; it was witnessed that William Cook the elder bargained, sold, and released to William Cook the younger and his heirs the said mortgaged premises subject to such equity of redemption as the same were subject to; and it was further witnessed that William Cook the elder bargained, sold, assigned and transferred to William Cook the younger, his executors, administrators and assigns, the several principal sums amounting in the whole to 2050 therein mentioned, so secured by the several mortgages and bonds as aforesaid, and the interest thereof respectively, to have, receive and take the same upon to and for the trusts, intents and purposes thereinafter declared concerning the same; and it was by the same indenture further witnessed that William Cook the elder bargained, sold and delivered to William Cook the younger, his executors, &c., all the personal chattels specified in the schedules thereunto annexed, to hold the same personal chattels and all and singular other the premises thereinbefore bargained, sold and assigned, and every part thereof to William Cook the younger, his executors, &c., upon, to, and for the trusts, intents and purposes thereinafter declared concerning the same; that is to say, upon trust that he William Cook the younger, his executors, administrators and assigns, should either permit and suffer the same several principal sums to remain in their then present state of investment, or should, with the consent in writing of William Cook the elder, during his life, and after his decease, then at the discretion of William Cook the younger, his executors or administrators, call in the same several principal sums or any part thereof, or sell, assign, or dispose of the same, as he or they should 1 KBEN M. COOK. V. HUTCHINSON 223 think fit, and should with such consent or at such discretion as aforesaid, lay out [44] and invest the money which should come to his or their hands in his or their own name or names in the public funds, or upon Government or real or other good securities and subject thereto, should, during the life of William Cook the elder, permit and suffer, and authorise and empower William Cook the elder and his assigns, to receive the interest, dividends and annual proceeds of the same...
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Pringle v Pringle
...by the Master's report to be a proper settlement. Allin v. Crawshay (9 Hare, 382); Tunstall v. Trappes (3 Sim. 312); Cook v. Hutchinsm (1 Keen, 42); Lee v. Busk (14 Beav. 459, and 2 De G-. M. & Gor. 810), were also cited. the masteh of the rolls [Sir John Romilly] considered that the Plaint......