Davies v Goodhew
| Jurisdiction | England & Wales |
| Judgment Date | 23 April 1834 |
| Date | 23 April 1834 |
| Court | High Court of Chancery |
English Reports Citation: 58 E.R. 713
HIGH COURT OF CHANCERY
Conversion.
[585] davies v. goodhew. April 19, 23, 1834. Conversion. By a marriage settlement the husband covenanted to pay to the trustees 1200, in trust, with the consent of the husband and wife, and not without, to lay it out in the purchase of lands in fee, or for long terms of years, or of copyhold or customary tenure, and to settle the same on the husband for life, without impeachment of waste ; remainder to the wife for life, in bar of dower, remainder to the use of the children of the marriage as the husband and wife or the survivor of them should appoint, and, in default of appointment, to the use of all the children of the marriage in tail. The 1200 was invested in the funds, and so remained with the acquiescence of the husband and wife. There was one child of the marriage. The wife survived her husband and afterwards died. Held, that the fund ought to be considered as personal estate. By the settlement made on the marriage of the Eev. Edward Davies with Katherine Fanv the grandfather and grandmother of the Plaintiff, dated the 2d of December 1788, Edward Davies covenanted that, immediately on the solemnization of the marriage, he would pay to trustees 1200, upon trust, so soon as conveniently might be, with the joint approbation and consent of himself and Katherine Farr, and not without, to lay out the same in the purchase of lands, tenements or hereditaments in fee-simple, or for some long term or terms of years, absolute or determinable on lives, or of copyhold or customary lands of inheritance in possession in Great Britain, and tosettlethe same insuch manner as to enure to the use of or in trust for himself and his assigns, during his life, without impeachment of waste, and after his death to the use of or' in trust for Katherine Farr and her assigns, during her life, for her jointure and in bar of dower, and from and after their several deceases, then to the use of or in trust for such one or more of the children or issue of the marriage, for such estate and in such manner as Edward Davies and Katharine Farr, during their joint lives, and after the decease of either of them, aa the sur-[586]-vivor should, in manner therein mentioned, appoint, and, in default of such appointment, to the use of or in trust for all and every the child and children of the said Edward Davies and Katherine Farr to be begotten, share and share alike, as tenants in common, and of...
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