Coulson v White
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1743 |
| Date | 26 January 1743 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 816
HIGH COURT OF CHANCERY
[20] Case 12.-bond versus simmons, January 21,1743, among the Petitions in Causes. [See Wright v. Morley, 1805,11 Yes. jur. 23.] So much of a former order as directed the payment of the sum of 122, 15s. Id. to the executor of the husband must be discharged, and the same ought to be paid to the petitioner. The defendant was executor under the will of a person who had left a legacy of 500 to the petitioner Mrs. Bond before her marriage with her late husband, who notwithstanding he had received at different times, at least 2000 from other parts of his wife's fortune, never could be prevailed upon to make any settlement or provision for the wife ; upon which the defendant, the uncle of Mrs. Bond, refused to pay the legacy into his hands; and the husband,, about the year 1734, brought a bill for the legacy : the court referred it to a Master to receive proposals from the husband for a provision for the wife; the Master certified the husband had never laid any proposals before him ; upon which, on the petition of the defendant to be eased of the burden of this demand, the court on his offering to pay in the money, directed the Accountant General to lay it out in South-sea annuities for the benefit of the husband and wife, subject to the further directions of the court. The dividends and produce of the annuities amounting now to 122, 15s. Id. the husband being dead, his executor insisted, that though it was a chose in action of the wife's, yet by the decree, and the order on the Accountant General to lay it out as aforesaid, the property vested in the husband (vide the cases cited in Lanoy v. Athol, 2 Atk. 448), and he was intitled to the principal, and likewise to the interest made of the annuities, in consideration of his maintaining his wife in the mean time. Upon a petition to the Master of the Bolls, he was of opinion for the wife as to the principal, but thought the representative of the husband intitled to the dividends, and ordered it accordingly. It came on now before the Chancellor in nature of an appeal from the order of the Master of the Bolls, in which the plaintiff Margaret Bond preferred her petition to the Lord Chancellor, praying that so much of the order of the 29th of November 1743, as directs the payment of the sum of 122, 15s. Id. to John Bond, may be discharged, and that the same may be paid to the petitioner. Lord Chancellor. If this five hundred pounds had...
To continue reading
Request your trial
-
Anonymous (1792) 1 Com 31
...a judgment recovered by the feme while sole, and after execution awarded the husband dies, a right is attached in the wife. 1 Vern. 396. 3 Atk. 21. 1 Com. Dig. 557. Holt 101. Skin. 682, S. C. 1 Eq. Ca. Abr. 68. 2 Freem. 172. 1 Ch. Rep. 235. 1 Ch. Gas. 27, and the cases there cited. The case......
-
Attorney General at the Relation of William Izard, Informant; James Brown, John Hall, and forty-six others, Defendants
...relief where the subject-matter is criminal : as in the instance of nuisances. Baines v. Baker (Amb. 158 ; 3 Atk. 750), Coulson v. White (3 Atk. 21), Ryder v. Bentham (1 Ves. Sen. 543), Attorney-General v. Doughty (2 Ves. Sen. 453), Mayor, dec., of London v. Ward (5 Ves. 129), Attorney-Gene......
-
31 ER 8
...the personal estate of the said testator. The executor of Mr. Macaulay claimed under the agreement. The cases cited were Bond v. Simmons, 3 Atk. 21. Packer v. Wyndham, Pr. Ch. 412. Pybus v. Smith (1 Ves. jun. 189). Fort v. Fort, For. 171. Heygate v. Annesley, 3 Bro. C. C. 362. Milner v. Cal......
-
Macaulay v Philips
...the personal estate of the said testator. The executor of Mr. Macaulay claimed under the agreement. The cases cited were Bond v. Simmons, 3 Atk. 21. Packer v. Wyndham, Pr. Ch. 412. Pybus v. Smith (1 Ves. jun. 189). Fort v. Fort, For. 171. Heygate v. Annesley, 3 Bro. C. C. 362. Milner v. Cal......