Hamp v Robinson
| Jurisdiction | England & Wales |
| Judgment Date | 15 July 1865 |
| Date | 15 July 1865 |
| Court | High Court of Chancery |
English Reports Citation: 46 E.R. 574
BEFORE THE LORDS JUSTICES.
[97] hamp v. robinson. Before the Lords Justices. July 15, 1865. Raial estates were devised to A. for life, remainder to his sons in tail, remainder to B. for life; and powers were given to the tenants for life of jointuring and charging portions for younger children, and of limiting terms to secure them. The will also enabled H., who was the trustee and one of the executors, to enter the estates during minorities and accumulate the rents, which were to be applied in the purchase of lauds to be settled to the same uses. The personal estate was given to A. absolutely. During A.'s minority H. entered and accumulated the rents. A. pn his niarriage limited terms to trustees to secure a jointure and portions and settled the residuary personalty and died, leaving a son. B. disputed the son's legitimacy and took possession. A.'s wife and infant child filed a bill against B., H. and the trustees of the terms, alleging that the trustees of the terms refused to j ring ejectment without the direction of the Court, and praying for an account of the testator's personal estate, and to have it secured on the trusts of the settlement; for an account of the rents received by H. during the minority of A. ; for an account of the rents received by the Defendants respectively since A.'s death; for a receiver and for an injunction to restrain B. from receiving the rents, and for further relief. B. demurred for want of equity, multifariousness and want of parties, and the demurrer was allowed by the M. R. on the first two grounds, qld, on appeal, that as the bill distinctly shewed that there were outstanding terms which B. might set up if the infant Plaintiff brought ejectment, and there was a prayer for general relief, the demurrer for want of equity could not be sustained, 3BBO.J.fc8.96. HAMP V. ROBINSON 575 though the bill contained no allegations that B. intended to set up the terms, and no prayer that he might be restrained from so doing. Held, also, that the rents accumulated during the minority of A. furnished a sufficient equity to support the bill, although they had been paid into Court in another suit, no decree having been made in that suit. Held, also, that the bill was not multifarious, for that there was an entire case against H. in respect of the accumulated rents, the personal estate, and his duty to enter and accumulate rents during the minority of the infant Plaintiff, if the legitimate soil of A., and that B. could not complain of the bill as multifarious, because he was only interested in the last question. Held, that the demurrer was good for want of parties, for that the other executor was a necessary party [to the account of the personal; estate, and B., though not interested in the personal estate, had a right to require the suit to be properly constituted. Whether an injunction and receiver might not nevertheless be granted, quare, This waa an appeal by the Plaintiffs from an order of the Master of the Eolls allowing a demurrer. The statements of the bill were to the following effect:- Fraacis Hatnp died in 1849 leaving a will and codicils, by which he devised his residuary real estate to the use [98] of John Hampden Hamp, his natural son, in the will called J. H. Hamp Robinson, for life, with remainder to trustees during his life, in trust to preserve contingent remainders, with remainder to the use of the sons of J. Hampden Hamp successively in tail male, with remainder to the use of the Defendant W. H. Hamp Robinson for his life, with remainder to trustees to preserve, with remainder to the sons of W. H. Hamp Robinson successively in tail male, with remainder to the testator's own right heirs. The testator empowered the Defendant John Hamp and T. Pratt or other his trustees or trustee during the minority of the tenant for life in possession, or during so mueh of the minority of any of the issue entitled in possession of either of the tenants for life as should arise within twenty-one years from the testator's decease, to enter into receipt of the rents, and, after allowing maintenance, to accumulate the residue and apply the accumulated fund in paying off incumbrances and in the purchase of estates to be settled to the like uses. He also empowered the tenants for life to grant jointures to their widows and limit terms for securing them, and to charge portions for younger children. He bequeathed his personal estate to his trustees, the Defendant John Hamp and Thomas Pratt, upon trust to pay debts, legacies and annuities, and subject thereto for J. Hampden Hamp absolutely, if he attained twenty-one. He appointed the Defendant John Hamp, F. Hamp, F. H. Adams and Charles Probert the executors of his will. John Hamp and Charles Probert proved the will. F. Hamp and F. H. Adams renounced probate. Thomas Pratt disclaimed. The executors received personal estate more than sufficient for payment of funeral and testamentary expenses, debts, legacies and annuities. [99] John Hampden Hamp attained twenty-one in November 1849. John Hamp, in the...
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