Garbut v Hilton

JurisdictionEngland & Wales
CourtHigh Court of Chancery
Judgment Date26 November 1739
Date26 November 1739

English Reports Citation: 26 E.R. 244



244 GAEfetJT V. SllTON 1 ATK. 382. Case 173.-gaebut v. hilton. November the 2&th, 1739. At the Bolls. S. G. 1 Ves. 5. P. D. devises to J. G. daughter of T. G. 200, provided she marries with the consent of her father and mother, or the survivor of them.-/. G-. before marriage, and during the lives of her father and mother, brings her bill against the executor to have this legacy paid, the father and mother by their answers consenting. Marriage here a condition precedent, plain tiff therefore too early, and bill dismissed, (l) Philippa Downs devised (inter alia) as follows, " I give and bequeath unto Jane " G-arbut, daughter of Thomas Garbut, the sum of 200, provided she marries with " the consent and approbation of her said father and mother, or the survivor of them," and made defendant Hilton executor in trust for infants, who were the residuary legatees. Jane Garbut before marriage, and during the lives of her father and mother, brought her bill against the defendant as executor to have this legacy paid, alledging it was a vested interest, and the proviso of consent only in terrorem ; there being no devise of this legacy over, if she should marry otherwise. The father and mother were made defendants to the bill, who consented the daughter should have the legacy paid to her. The Master of the Rolls. This is the first bill of the sort that I ever heard of, for a legacy given on marriage before any marriage had. It is not to be considered as a condition merely to create a forfeiture, if she should marry without consent, but is...

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10 cases
  • Scott v Tyler
    • United Kingdom
    • High Court of Chancery
    • 20 Diciembre 1788
    ...on the double times of payment.-Then Underwood v. Morris, 2 Atk. 184, adopts the rule, Semphill v. Bayly, Pre, Ch. 562.-Garbut v. Hilton, 1 Atk. 381, is a negative authority for us, in this point, and shews that, if a marriage had been had, the condition would have been void as far as it re......
  • Henry Harvey, and Catherine his Wife, and Ann Clutton, Widow, Two of the Daughters of Sir Thomas Aston, Bart. deceased, Plaintiffs; Lady Aston, Widow of the said Sir Thomas Aston, Sir Thomas Aston, Bart. Son and Heir of Sir Thomas deceased, Sir John Cheshyre, Henry Wright, and Andrew Kendrick, Esqrs. Defendants
    • United Kingdom
    • High Court of Chancery
    • Invalid date
    ...discharged, but that the annuities should be paid.(l) (1) With respect to the subject of the above case, the following observations occur. 1 ATK. 381. HARVEY V. ASTON 243 When a condition in restraint of marriage affects lands, if such condition be precedent, the estate cannot vest, till th......
  • Vize v Stoney
    • Ireland
    • Court of Chancery (Ireland)
    • 4 Diciembre 1841
    ...VIZE and STONEY. Atkins v. HiccocksENR 1 Atk. 500. Garbut v. HiltonENR 1 Atk. 381. Elton v. EltonENR 3 Atk. 504. Knight v. Cameron 14 Ves. 389. Roberts v. Roberts 2 Buls. 125. Stapleton v. ChealesENR Prec. Ch. 317; S. C. 2 Ver. 673. Clobery's CaseENR 2 Vent. 342; S. C. Free. 24. Collins v. ......
  • Flanders v Clarke
    • United Kingdom
    • High Court of Chancery
    • 20 Mayo 1747
    ...Hiccock, 1 Atk. 500. Pullen v. Heady, 2 Atk. 590. Hemmings v. Munddey, 1 Bro. Cha. Rep. 303. Knap v. Noyes, Amb. 662. Vide Harvey v. Aston, 1 Atk. 381.) Old Sir Abraham Elton by his will, " reciting that he had a right and power to dis-" pose of the sum of 1500, being part of the money sett......
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