Cordwell v Mackrill

JurisdictionEngland & Wales
CourtHigh Court of Chancery
Judgment Date01 January 1765
Date01 January 1765

English Reports Citation: 28 E.R. 930

HIGH COURT OF CHANCERY

Cordwell
and
Mackrill

[344] cordwell . mackrill. 1765-66. Where articles were entered into previous to marriage, for settling by the wife's father lands to the use of the husband and wife for their lives, and the life of the survivor, and after the death of the survivor, to the use of the heirs of the body of the husband on the wife, remainder over ; and a settlement was made after the marriage reciting the articles, and said to be made in pursuance of the marriage ; upon a bill brought by a son of the marriage, the court refused to decree the articles to be carried into execution by a strict settlement against a purchaser for a valuable consideration, who had notice of them ; on the ground of the articles not being produced by which alone the court could alter the settlement.-10th Dec. 1765; 29th & 31st Jan. & 3d Feb. 1766.-S. C. Amb. 515. Robert Martin, on the marriage of his daughter Mary with William Cordwell, the grandfather of the plaintiff, by articles bearing date the 6th of February 1726, in consideration of the said intended marriage, and of natural love and affection, covenanted to convey certain premises in the county of Kent, in trust, for and to the use of the said William Cordwell, and Mary his wife, for their lives, and the life of the survivor ; and after the decease of the said William Cordwell, and Mary his wife, and the longest liver, to the use of the heirs of the body of the said William Cordwell on the said Mary begotten, and their heirs for ever ; and for want of such issue, to the use of such persons and for such estates as the said Robert Martin should by deed or will appoint; and in default of appointment, to the use of the right heirs of the said Robert Martin. - The marriage having taken place, by indenture of lease and release, bearing date the 16th and 17th of .September 1728, reciting the said articles, and that the said settlement was made in consideration of the said marriage, and in pursuance and performance of the said articles, the said Robert Martin conveyed the said estates to the said William Cordwell and Mary his wife, for their lives, and the life of the longest liver of them; and after their death, to the use of the heirs of the body of the said William Cordwell on Mary his wife, and their heirs for ever, with remainder as the said Robert Martin should [345] appoint; and in default of appointment to the right heirs of the said Robert Martin. In...

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8 cases
  • Walker v Armstrong
    • United Kingdom
    • High Court of Chancery
    • 19 July 1856
    ...were, the Court would not rectify the settlement without production of the instructions for the deed ; Cm-dwell v. Mafknll (1 Ambl. 515; 2 Eden, 344), in which case the Court refused to carry into execution a settlement made in pursuance of marriage articles, without the production of the a......
  • Coates v Kenna
    • Ireland
    • Court of Appeal in Chancery (Ireland)
    • 24 January 1873
    ...I. R. 1 Eq. 9. Milner v. Milner 8. Ir. Eq. R. 488. Alexander v. Crosbie Ll. & G. t. Sugd. 145. Cordwell v. MackrillENRENR Amb. 515; S. C. 2 Eden, 344. Popham v. Baldwin 2 Jones, 320. Clarke v. Armstrong 10 Ir. Ch. R. 263. Chadwick v. TurnerELR L. R. 1 Ch. App. 310. unter v. WaltersELR L. R.......
  • Ware v Lord Egmont
    • United Kingdom
    • High Court of Chancery
    • 15 November 1854
    ...of words which [468] are uncertain in, themselves, and the meaning of which often depends on their locality," Cordwell v_ Mack/rill (2 Eden, 344; see p. 347). The present claim might have been asserted in 1816, and it is clearly too late now. It is also to be observed that Lord Arden here g......
  • Stewart v The Marquis of Conyngham
    • Ireland
    • Rolls Court (Ireland)
    • 16 April 1851
    ...Chilliner v. Chilliner 2 Ves. 528. Campbell v. Sandys 1 Sch. & Lef. 281. Thompson v. Simpson 1 Dr. & War. 459. Cordwell v. MackrillENR 2 Eden, 344. Doe v. Phillips 10 Q. B. R. 130. Doe v. Lloyd Peake on Ev., Ap. 41. Hilary v. Walker 12 Ves. 266. Bale v. ColemanENR 1 P. Wms. 142. Blackburne ......
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