Downes v Timperon
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 1828 |
| Date | 13 March 1828 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 831
HIGH COURT OF CHANCERY
[334] downes v. timperon. Bolls. March 13, 1828. A feme covert, described as such in the will of the testator, may, during the coverture, execute by deed a power of disposition, given her by the will, over real and personal estate. The testator, George Kinghorn, by his will, inter alia, gave to his daughter Ann Downes, whom he described as the wife of the Plaintiff, J. J. Downey, and to her heirs, executors, administrators, and assigns, a legacy of 2000, the fee-simple of a certain real estate in the island of Jamaica, and one third part of all the residue of his estates, real, and personal, and mixed, of what nature or kind soever. By a codicil he declared, that it was his will, that, if the said Ann Doicnes should depart this life without disposing, by deed or will, of such estate or interest as she should take under his will, then such estate and interest should go and be divided between and amongst her children, share and share alike, with benefit of survivorship. After the death of the testator a settlement was made, to which Ann Downes, and her husband, and two persons, named as trustees, were parties, whereby, after reciting the will and codicil of George Kinghorn, Ann Downes, with the privity and approbation of her husband, and in virtue of the power and authority given to her by the will of her father, limited and appointed all such estate and interest, as she took under her father's will, to the trustees therein named, upon trust, for the sole and separate use of her the said Ann Downes during^herjlife, remainder to her husband for his life, if he should survive her, with remainder to the...
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