Eisdell v Hammersley
| Jurisdiction | England & Wales |
| Judgment Date | 25 June 1862 |
| Date | 25 June 1862 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 1136
ROLLS COURT
See Alexander v. Mills, 1870, L. R. 6 Ch. 135; Hardaker v. Moorhouse, 1884, 26 Ch. D. 422; In re Cooper, 1884, 27 Ch. D. 568.
[255] eisdell, v. hammerhlev. June 25, 1862. */ .' / C^*--* *- "^ - [See Alexander v. Mills, 1870, L. R. 6 Ch. 135; Hanlaker v. Norn-house, 1884, 26 Ch. L . 422; In re Cooper, 1884, 27 Ch. D. 568.] Power of sale of realty given to trustees with the consent of the tenant for life, held exercisable after his bankruptcy, with the consent of the tenant for life and of all persons who had become interested in his estate. Robert L. Fluder was seised in fee of an estate at Woodside subject to the life-estate of his mother Elizabeth Fluder. In 1838 Robert L. Fluder married Ellen his wife, and by a settlement, dated the 28th of March 1838, he conveyed his reversion in fee to Charles Fluder and Joseph S. Eisdell and their heirs, to the use of Robert L. Fluder for life, with remainder to the use of his wife for life, with remainder to certain uses in favor of their children as they should appoint, and in default between them in tail. The settlement contained a power to the two trustees and the survivor, at the request in writing of Robert L. Fluder and his wife, during their lives, to sell and exchange the property, and thereupon to convey it; and [256] it was declared that thereupon the uses of the settlement, in regard to the property sold and conveyed, should cease. There were seven children of the marriage, some of whom were still infants. In 1849 Robert L. Fluder became bankrupt, and his mother, Elizabeth Fluder, purchased his interest from the assignees, which was conveyed by deed, dated the 24th of December 1850, to George Fluder and his heirs, in trust for her and her heirs. Elizabeth Fluder died in 1860, having by her will bequeathed the life interest only of Robert L. Fluder to George Fluder and George Oliver Alclridge, upon trust to pay the income to Robert L. Finder for life, subject to a proviso that, if he should alienate or dispose of the annual income, or if, by reason of his bankruptcy or insolvency, or by any other means whatsoever, the annual income could no longer 31BEAV. 387. BARRY V. STEVENS 1137 be personally enjoyed by him, then the trust for him should cease, and the income, during the rest o his life, should be applied by the trustees for the support, maintenance or otherwise for the use arid benefit of his wife, child or children for the...
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Parr v Attorney General
...these decisions" ( i.e., the decisions in Long v. Rankin, 16 Sim. 625, Houldsworth v. Goose, 20 Beavan III., and Eisdale v. Hammersly, 31 Beavan 255) "is that Lord St. Leonards in successive editions of his work on Powers, has treated each case as limited to the circumstances of that case, ......
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