Eland v Baker
| Jurisdiction | England & Wales |
| Judgment Date | 13 February 1867 |
| Date | 13 February 1867 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 579
ROLLS COURT
S. C. 7 Jur. (N. S.) 956; 9 W. R. 444.
29BBA.7.13T. ELAND V. BAKER 579 [137] eland v. baker. Feb. 13, 1867. [S. C. 7 Jur. (N. S.) 956; 9 W. E. 444.] A marriage settlement gave to the parents a power, with the consent of the trustees, to make void the trusts, and of appointing the estate to new uses. This power was exercised for the purpose of mortgaging the estate to one of the trustees for a sum advanced to the father. The estate was afterwards sold under a power of sale contained in the mortgage deed. Held, that a good title could not be made under it. In 1845, an the marriage of Mr. Ayres with Miss Wiles, a settlement was executed, by which Mr. William. Wiles (the father of Miss Wiles) conveyed a real estate to Baker, Fowler and Stephen Wiles, upon trust for Mrs. Ayres for life, for her separate use without power of anticipation, with remainder to Mr. Ayres for life, with remainder to the children of the marriage, and in default to the survivor of Mr. and Mrs. Ayres in fee. The deed contained the following proviso :- " That it should be lawful for William Wiles, A. C. Ayres and Jane C. Wiles, at any time or times thereafter, with the consent in writing of the trustees or trustee for the time being, and after the decease of W. Wiles, then for A. C. Ayres and J. C. Wiles, his intended wife, during their joint lives, with such consent as aforesaid, by any deed or deeds, to be duly executed by them, and to be attested by one witness or more, absolutely to revoke and make void all or any of the uses, trusts, powers, provisoes and declarations therein before declared concerning the said freehold and copyhold hereditaments and premises, or any part thereof. And also, by the same or any other deed or deeds, to be by them duly executed and attested by one or more witness or witnesses, to limit and declare new and other uses, trusts, powers, provisoes and declarations in lieu of and in substitution for the uses, trusts, powers, provisoes and declarations which should have been so revoked and made void, anything thereinbefore contained to the contrary notwithstanding." [138] After the marriage, Mr. Ayres contracted with Mr. Baker, the trustee, for the loan of 1000 on a mortgage of the property, and by an indenture dated in April 1847, and made between Mr. Wiles and Mr. and Mrs. Ayres of the first part, Baker and the other two trustees of the second part, and Baker of the third part, after reciting that Mr. Ayres " had contracted with Mr. Baker for the loan of the sum of 1000 at interest, and had agreed to secure the same by mortgage of" the said hereditaments, "and that for the purpose of enabling...
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Lowe (HM Inspector of Taxes) v Peter Walker (Warrington) and Robert Cain & Sons, Ltd
...I see no reason to give to it any other meaning. I need, perhaps, scarcely refer to a case which was cited, the case of Eland v. Baker, 29 Beav. 137, where language is used which indicated that in certain events power of revocation would be construed as not absolute but qualified as being m......
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LOWE (HM INSPECTOR of TAXES) v PETER WALKER (WARRINGTON) and Robert CAIN & SONS, Ltd
...I see no reason to give to it any other meaning. I need, perhaps, scarcely refer to a case which was cited, the case of Eland v. Baker, 29 Beav. 137, where language is used which indicated that in certain events power of revocation would be construed as not absolute but qualified as being m......
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Bowring v The Commissioner of Estate and Succession Duties
...a power of sale contained in the mortgage deed. It was held that a good title could not be made under it. Sir John Romilly, M.R., said ( 29 Beav. 137 at p. 140): “I do not think I can make the purchaser take this title. I do not dispute the proposition that a person may in a marriage settle......