Curteis v Kenrick
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1838 |
| Date | 01 January 1838 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1226
EXCH. OF PLEAS.
S. C. 1 H. & H. 120; 7 L. J. Ex. 169 in Equity, 9 Sim. 443; 4 Jur. 934. Reffered to, Shelford v. Acland, 1856, 23 Beav. 13. And see Harvey v. Stracey, 1852, 1 Drew. 73.
CuUTEIS v. KENK[(JK. Exch. of Pleas. 1838.-A married woman had power, under her marriage settlement, to appoint certain lands to uses by her last will and testament, "signed and published in the presence of, and attested by, three or more credible witnesses." The reversion in the same lands, subject to certain life estates, was also vested in her. She made a will, containing a devise of all her property real and personal, but not referring to the power. The attestation stated the will to be signed, sealed, and delivered by the testatrix in the presence of three witnesses, whose names were subscribed : -Held, that the will was a due execution of the power. Delivery is equivalent to publication of a will. [S. C,l H. & H. 120; 7 L. J. Ex. 169 : in Equity, 9 Sim. 443 ; 4 Jur. 934. Referred to, Shdfcnl v. Acland, 1856, 23 Beav. 13. Arid see Harvey v. Stracey, 1852, 1 Drew. 73. J This was a case sent by the Vice-Chancellor for the opinion of this Court. By indentures of lease, and release, dated on or about the 22nd and 23rd days of April, 1832, the release being made and duly executed between and by Anne Catherine 3M. &W. 462 CURTEKS V. KENRICK 1227 Wrykeham Martin, since deceased, late the wife of the said Richard Fiennes VVykeham Martin, by tier then name and description of Anne Catherine Mascall, spinster, one of the three surviving daughters and co-heiresses of Robert Mascall, Esq., deceased, hy Martha Masoall his wife, of tho first part; the said Richard Fiennes VV'ykeham Martin of the second part, William Waterman, Esq., and liicharrl Curteis Foinfret, gent., of the third part, and Francis James Newman Rogers and Charles Wykeham Martin, Esq., of the fourth part ; being the settlement made previous to the marriage of the said Richard Fiennes Wykeham Martin with the said Anne Catherine VVykeham Martin, which was afterwards solemnized : in consideration of the then intended marriage, she the said Anne Catherine Wykeham Martin, with the privity of the said Richard Fiennes Wykeham Martin, did grant, bargain, sell, and release the undivided third part or share of the said Anne Catherine Wykeham Martin, (the whole into three equal parts or shares being divided), of and in the [462] several manors, messuages, farms, lands, and tenements therein particularly described, unto the said Francis James Newman Rogers and Charles Wykeham Martin, in their actual possession then being, to hold the same to them, their heirs and assigns, to the uses thereinafter expressed ; (that is to say) after the solemnization of the said then intended marriage, to the use of the said Francis .James Newman Rogers and Charles VVykeham Martin, their heirs and assigns, during the joint lives of the said Richard Fiennes VVykeham Martin and Anne Catherine Wykeham Martin, (without impeachment of waste), upon trust to pay one moiety of the rents and profits thereof to or for the separate use of her the said Anne Catherine VV'ykeham Martin, and to pay the remaining moiety of the said rants and profits unto the said Richard I'renncs Wykeham Martin, or as she should in manner therein mentioned appoint; and after1 the decease of such one of them the said Richard Fiennes Wykeham Martin and Anne Catherine his wife as should first depart this life, to the use of the survivor of them the said Richard Fiennes Wykeham Martin and Anne Catherine his wife, and his or her assigns, during his or her life, without impeachment of waste, with remainder to the use of the said Francis Jamea Newman Roger's and Charles Wykeham Martin, their heirs and assigns, during the life of such survivors, in trust to preserve contingent remainders, with remainder to the use of the children of the said Richard Fiennes Wykeham Martin by the said Anne Catherirre Wykeham Martin his wife, for such estates and in such shares and interests as therein mentioned ; with remainder in default of such issue, if the said Anne Catherirre Wykehairr Martin should survive the said Richard Fiennes VVykeham Martin, to the use of her the said Anne Catherine Wykeham Martin, her heirs arrd assigns for ever; but if the said Anne Catherine Wykeham Martin should die in tho lifetime of the said Richard Fionnes Wykeham Martin, then to such uses, [463] upon and for such trusts, intents, and purposes, arrd with, under, and subject to such powers, provisoes, arrd conditions, as the said Anne Catherine Wykeham Martin, notwithstanding her coverture, by her last will aird testament in writing, or by any codicil or codicils thereto, by her signed and published in the presence of and attested by three or more credible witrresses, should direct or appoint; and in default of such direction or1 appointment, and so far as any such...
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