Elworthy v Wickstead

JurisdictionEngland & Wales
Judgment Date01 January 1819
Date01 January 1819
CourtHigh Court of Chancery

English Reports Citation: 37 E.R. 301

HIGH COURT OF CHANCERY

Elworthy
and
Wickstead

elwortity v. wickstead. Bolls. Nov. 5, 1819. Payment of a sum of money under £200 to the husband, in right of the wife, ordered, notwithstanding a suggestion that the petition had not her concurrence. Thia was a petition by husband and wife, for payment to the husband of a sum of about £160, the property of the wife. The sum being under £200, the wife did not appear to give her consent. (Bourdillon v. Ad air, 3 Bro. C. C. 237 ; and see 5 Ves. 742 ; 8 Ves. 201, 512, 524.) Mr. Swanston, for the trustees, stated their belief that she was unwilling to have the whole paid to the husband, and had not concurred in the petition ; and submitted, that the order should direct payment to the joint receipt of the husband and wife. The Master of the Rolls...

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3 cases
  • Duncombe v Greenacre
    • United Kingdom
    • High Court of Chancery
    • 15 March 1861
    ...Duffy's Trust, Re, 28 Beav. 386 ; Dunkley v. Dunkley, 2 De Gex, M. & G. 390 ; Elliott v. Cordell, 5 Madd. 149 ; Elwarlhy v. Wick-stead, 1 Jac. & W. 69 ; Erskine's Trust, In re, 1 Kay & J. 302 ; Foden v. Finney, 4 Russ. 428; Francis v. Brooking, 19 Beav. 347; Gardner v. Marshall, 14 Sim. 575......
  • Re Cutler
    • United Kingdom
    • High Court of Chancery
    • 6 August 1851
    ...to the wife and children ; Brett v. Greemaell.(l) He also cited Bailey v. Dennett (3 Y. & C. (Exch.) 459), and Elwm-thy v. Wickstead (1 Jac. & W. 69). Mr. Hardy, for the trustees. the master of the rolls. I will reserve my judgment. August 6. the master of the rolls [Sir John Romilly]. I wa......
  • Re 10 & 11 Vict c. 96. The Trustees' Relief Act, and Kincaid's Trusts
    • United Kingdom
    • High Court of Chancery
    • 17 January 1853
    ...Besides, the order only applies to the case; of a sum payable to a woman before she was married. Since that order, Elwmthy v. Wicksied (1 Jac. & W. 69) has decided that, on the petition. of husband and wife, a sum will be paid to the husband, without the wife appearing to consent; but qn th......

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