Greenwood v Greenwood
| Jurisdiction | England & Wales |
| Judgment Date | 17 December 1863 |
| Date | 17 December 1863 |
| Court | High Court of Chancery |
English Reports Citation: 46 E.R. 285
BEFORE THE LORDS JUSTICES.
[28] greenwood v. greenwood. Before the Lords Justices. Nov. 14, 16, 17, 18, Dec. 17, 1863. In order that a transaction not otherwise valid may be supported upon the ground of its being a family arrangement, there must be a full and fair communication, of all material circumstances affecting the subject-matter of the agreement which are within the knowledge of the several parties, whether such information be asked for by the other parties or not. This was an appeal by the Defendant George Oates Greenwood from part of a decree of Vice-Chancellor Kindersley setting aside an agreement of the 9th of April 1851, an indenture dated the llth of the same month, and an award and deed of the year 1853, relating to the estate of James Dent Greenwood. The Plaintiffs, the Defendant G. 0. Greenwood, and some of the other Defendants,, were in April 1851 the only surviving brothers and sisters of Joseph Hugh Greenwood, who had died in New Zealand in October 1848, and of J. D. Greenwood, who. had died at Sydney on the 13th of November 1850. Joseph H. Greenwood and James D. Greenwood, and the Defendant Geo. 0.. Greenwood^ had formerly been partners in a mercantile business, carried on both in England and New Zealand; and some time previous to 1843 they had embarked in the business of sheep and [29] cattle fanning in New Zealand ; Geo. O. Greenwood living at Bradford in Yorkshire, and the other two partners in New Zealand. In 1843 Joseph retired from the partnership, and the other two partners having; purchased his share continued the business till the death of James D. Greenwood. In the year 1847, however, James D. Greenwood and George 0. Greenwood entered into another partnership with Joseph H. Greenwood in the business of sheep and cattle farming in New Zealand, which partnership continued till the death of Joseph H. Greenwood in 1848, from which time this business also was carried on by George O. Greenwood and J. D. Greenwood in partnership until the death of the latter. Upon the tidings of the death of James D. Greenwood reaching England, and while his surviving brothers and sisters were ignorant of the contents of any will which he might have made, an agreement of the 9th of April 1851 was come to between the surviving brothers and sisters, the husbands of two of the sisters who were married being also parties. This agreement related to the estates both of J. H. Greenwood and J. D. Greenwood. So far as related to the estate of J. D. Greenwood, it was as follows:- "That whatever devises and bequests are contained in the will or codicil of the said James Dent Greenwood, whether prepared in England or elsewhere, shall be and they are hereby modified and agreed to be divided between the said parties hereto, share and share alike without anyone being entitled to any larger sum than the other; and that this provision shall extend to and include the real and personal estates of the said Joseph Hugh Greenwood and James Dent Greenwood, whether in England, New Zealand or elsewhere, subject to the payment of their debts and trust expenses; and all [30] Courts of Justice and all persons whomsoever are hereby indemnified in carrying this arrangement into effect." On or about the same day an agreement was come to between the same parties. 286 GREENWOOD V. GREENWOOD a DB 0. J. ft S. 51. for the purchase by the Defendant George 0. Greenwood, for 500, of the shares of the other surviving brothers and sisters in the property of J. H. Greenwood and J. D. Greenwood in New Zealand, except any moneys which J. D. Greenwood might have had at the time of his death in any of the banks in Australia or New Zealand, and the unpaid purchase-money due from the purchaser of a cattle station which had been sold, which moneys were to be divided among the parties in manner provided by the former agreement. This agreement for purchase was carried out by an indenture, dated the 11th of April 1851, by which, in consideration of 500 paid to them by G. O. Greenwood, the other surviving brothers and sisters, with the husbands of the married sisters, granted and assigned to G. 0. Greenwood, his heirs, executors, administrators and assigns, all their rights, shares and interests, present or reversionary, and all other their right, title, share and interest whatsoever in the property and effects given and bequeathed, and to which they or any of them were or might become entitled under the wills of J. H. Greenwood and J. D. Greenwood or either of them, or under any letters of administration, order of Court, or by any other means or in any other manner, whether situate in or near Wellington, or in or near Komenton, or wherever else in New Zealand, and whether the property of the two deceased as partners or as private individuals or otherwise howsoever within the colony of New Zealand, and all benefit and interest present and future, and all other their moneys and property in New Zealand which might [31] accrue to the assigning parties or any of them under the said respective wills, or by any other means whatsoever. This deed contained a covenant by G. O. Greenwood to divide the moneys in the banks and the purchase-moneys of the cattle station (which as mentioned above had been excepted from the purchase) in manner provided by the agreement of the 9th of April. Some time after the date of the last-mentioned deed intelligence reached England that J. D. Greenwood had left a will, by which he bequeathed to G. 0. Greenwood and hii brother C. H. F. Greenwood 200 each, and bequeathed to trustees 1500 upon trust to invest it and pay the income of 900, part thereof, to one of his sisters for her life for her separate use without power of anticipation, with remainder to her children living at her death and the issue of such of her children as should be then dead, and as to the remaining 600 upon similar trusts for another sister aud her children and...
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