Hardey v Green
| Jurisdiction | England & Wales |
| Judgment Date | 28 July 1849 |
| Date | 28 July 1849 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 1029
ROLLS COURT
S. C. 18 L. J. Ch. 480; 13 Jur. 777. Distinguished, In re Bolland, 1873, L. R. 17 Eq. 119. See In re Clarke, 1887, 35 Ch. D. 13; In re Reis [1904], 2 K. B. 777. See also Hardey v. Hawkshaw, 1850, 12 Beav. 552.
I2BEAV. IB. HARDEY V. GHEEN 1029 [182] hardey . green. July 28, 1849. [S. C. 18 L. J. Ch. 480; 13 Jur. 777. Distinguished, In re Bolland, 1873, L. R. 17 Eq. 119. See In re Clarke, 1887, 35 Ch. D. 113; In re Reis [1904], 2 K. B. 777. See also Hardey v. Hawhhaw, 1850, 12 Beav. 552.] Articles were executed previous to a marriage, by which the hushand and wife agreed, that all property, estate and effects to which the husband or wife might thereafter become entitled, should be settled to such uses as the wife should appoint; and in default, on trusts for the husband, wife and children. At the time, neither husband nor wife had any property, the husband was insolvent, and soon after the marriage took the benefit of the Insolvent Act. Property subsequently descended on him. Held, as against his assignee, that it was bound by the articles. A few hours previous to the marriage of James Brooke Irwin and Elizabeth Bevan, articles were executed between them, dated the 29th of June 1843, whereby it was agreed, that as soon as conveniently might be, an indenture of settlement should be made and executed, by and between the said J. B. Irwin and Elizabeth Bevan, and all other proper and necessary parties, whereby all and singular the real and personal estate, property, and effects, then of or belonging to the said Elizabeth Bevan, or in or to which she might thereafter become interested or entitled, by any means whatsoever, should be conveyed and assigned to trustees therein named; to hold on such trusts, &c., as Elizabeth Bevan should appoint, and in default for her for life, with remainder to J. B. Irwin for life, with remainder to their children; and it proceeded as follows :-"And it is hereby agreed, that the said intended settlement shall contain power to change trustees, and for their indemnity and reimbursement, and all other proper, usual, necessary and advisable clauses, provisoes, and agreements, and also a covenant on the part of the said J. B. Irwin, that all property, estate, and effects, to which he, or the said Elizabeth Bevan may hereafter become entitled, shall be settled and limited to the same uses, upon the same trusts, and for the same ends, intents, and purposes, as aforesaid." James B. Irwiii and Elizabeth Bevan alone were parties, and there was no attesting witness. The marriage was solemnised the same day. Neither party had any property at the time, and the husband [183] was considerably indebted, and the wife had nothing but some expectations. On the 6th of November 1843 J. B. Irwin took the benefit of the Insolvent Debtors Act, and it appeared from his schedule that his debts amounted to 4133, and his property nil. On the 2d of January 1844 the final order was made, and his estate and effects, present and future, became, under the 5 & 6 Viet. c. 116, s. 7, vested in the official assignee. On the 6th of December 1845...
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