Hamilton v Mills
| Jurisdiction | England & Wales |
| Judgment Date | 27 January 1861 |
| Date | 27 January 1861 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 601
ROLLS COURT
S. C. 3 L. T. 766. Distinguished, In re Philp's Will, 1869, L. R. 7 Eq. 151.
[193] hamilton v. mills. Jan. 23, 27, 1861. [8. C. 3 L. T. 766. Distinguished, In re Philp's Will, 1869, L. R. 7 Eq. 151.] Personal estate was settled on a husband and wife successively for life, with remainder to their children, and, on failure of children^ " then to the right heirs" of the survivor of the husband and wife. Held, that, under the last limitation, the heir at law of the survivor, and not the next of kin, was entitled. Money of a wife was, by the direction of her husband, paid to the trustees of a postnuptial settlement, which was not binding on the wife. Held, that her right by survivorship was destroyed, the property having, by these means, been reduced into possession. In 1818 a marriage took place between Mr. Harding and Miss Hamilton, who was then under age. Miss Hamilton was entitled, under the will of Lady Ann Hamilton, to a moiety of her residuary estate and effects on her attaining twenty-one. Upon the marriage Mr. Harding entered into a bond, dated the 30th of November 1818, conditioned for executing a settlement of this moiety of residue on trusts for himself and wife, successively for life, and afterwards for the children of the marriage. By a deed dated the 24th of June 1820, and made [194] between Mr. and Mrs. Harding of the one part and trustees of the other, it was agreed between the parties that the trustees should, as soon as they received the moiety of the residue, invest it, and pay the income to Mr. Harding for his life, and afterwards to Mrs. Harding for her life, and afterwards to the children of the marriage, "and on failure of any child or children of the marriage, then to the right heirs of the survivors of them, Charles Harding and Eliza Ann Harding his wife, for ever, and to and for their owu use and benefit/' Mrs. Harding attained twenty-one in January 1822. In 1824 the executors of the will of Lady Ann Hamilton paid over the residue to the trustees of the settlement of 1820, and, on that occasion, Mr. and Mrs. Harding and the trustees executed to the executors a release from all claims and demands in respect of the testator's personal estate. There was no issue of the marriage ; Mr. Harding died in 1851, and Mrs. Harding in 1859. The fund, together with an addition of 1688, 7s. made thereto by Mr. Harding, now consisted of 6560 3 per cents. It was claimed, first...
To continue reading
Request your trial
-
Polley v Polley
...common law takes. I am of opinion that the heir at common law takes in this case. note.-Haxlewood v. Green, 28 Beav. 1; Hamilton v. Mill*, 29 Beav. 193; Uluden v. Sladen, 2 Johns. & Hem. 369. degree.-Declare that the persons entitled to the proceeds of the sale of the lauds, &c., are the De......
-
Re The Estate of Richard Bayley, Owner; ex parte Mary O'Connell, Petitioner
...re the Estate of RICHARD BAYLEY, Owner; Ex parte MARY O'CONNELL, Petitioner. Ch. Appeal. Hamilton v. MillsENR 29 Beav. 193. Fitzmaurice v. v. SadleirUNK 9 Ir. Eq. Rep. 595. Hewison v. NegusENR 16 Beav. 594. Muskerry v. Chinnery L1. & G., temp. Pl. 182. Greene v. O'KearneyIR 2 Ir. Com. Law R......