Dommett and Another Assignes of A. Davidson and Bedford Woodham, Bankrupts v John Bedford and Bedford Woodham
| Jurisdiction | England & Wales |
| Judgment Date | 07 May 1796 |
| Date | 07 May 1796 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 771
IN THE COURT OF KING'S BENCH.
8 T. R. 57. 2 East, 481. 1 Wight. 386.
S. C. 3 Ves. 149. Discussed, R. v. Robinson, 1811, Wightw. 392. Distinguished, Lear v. Leggett, 1829-30, 2 Sim. 484; 1 Russ. & M. 694. Approved, Rochford v. Hackman, 1852, 9 Hare, 481. Applied, Joel v. Mills, 1857, 3 K. & J. 468.
[684] dommbtt and another Assignees of A. Davidson and Bedford Woodham, Bankrupts against john bedford and bedford woodham. Saturday, May 7th, 1796. A. by will gave an annuity to B. directing that B.'s receipt only should be a discharge for it, that B. should not alienate it, and that if he did, it should cease and determine: B. became a bankrupt, and his commissioners assigned the annuity with his other effects to the assignees; held that the annuity ceased. [8 T. R. 57. 2 East, 481. 1 Wight. 386.] [S. C. 3 Ves. 149. Discussed, R. v. RoUnson, 1811, Wightw. 392. Distinguished, Lear v. Leggett, 1829-30, 2 Sim. 484; lEuss. & M. 694. Approved, Bochford v. Eackman, 1852, 9 Hare, 481. Applied, Joel v. Mills, 1857, 3 K. & J. 468.] The following case was sent here from the Court of Chancery. T. Bedford clerk deceased, being -seised of several freehold estates, duly made and published his last will dated in July 1782, and properly executed and attested, &c., and gave " to his niece A. Ireland one annuity of 301. to be paid her by two equal half-yearly payments, during her natural life, the first payment to, be made in six months after his decease," " under this strict direction that this annuity shall not be subject to the debts or control of her present or any future husband, and that the same from time to time shall be paid to herself only, and that a receipt under her own hand, and no other, shall be a sufficient discharge for the payment thereof; his intent being that the said annuity or any part thereof shall not on any account be alienated for the whole term of her life or for any part of the said term; and if the same shall be so alienated, the said annuity shall immediately thereupon cease and determine." He then gave to his nephew R. Tubb one annuity of 301. during his natural life, payr able in like manner as the former annuity, and with the same direction of being paid to himself only, and on his own receipt, and under the same restriction against alienating the same or any part thereof. And he then...
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Rochford v Hackman
...Sim. 394). This view of the eases appears to me to remove all difficulty upon them, and it falls'in with the case of Dommett v. Bedford (6 T. R. 684), in which the life interest was held to cease upon the proviso for cesser without any gift over. I think, indeed, it would be difficult to ho......
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Harvey v Mills
...(9 Hare, 475) that point was much considered by Lord Justice Turner, and he signified his approval of the case of Dommett v. Bedford (6 T. R. 684), which was very like this case. There T. Bedford, clerk, deceased, gave to his niece an annuity of 30 for life, with a proviso that, if the same......
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Wilson v Greenwood
...the matter of Murphy, 1 Schoal. & Lefr. 44. Ex parte Henecy, cit. ib. In the matter of Meaghan, 1 Schoal. & Lefr. 179. Dommett v. Bedford, 6 T. R. 684 ; 3 Ves. 149. Ex parte Cooke, 8 Ves. 353. Ex parte Henton, 14 Ves. 598. Ex parte Oxley, 1 Ball & Beat. 257. Higinbotham v. Holme, 19 Ves. 88......
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Elias Moss v Smith, Esq and Another, Late Sheriff of Middlesex
...under the commission, must be such as the bankrupt himself could have assigned or released -Moth v. Frame, Ambler, 394 ; Dommet v Bedford, 6 T. R. 684. I(f&2 MOSS V. SSCmi i camp. good petitioning creditor's debt subsisting when the act of bankruptcy was committed ; and it is not sufficient......