Higinbotham v Holme
| Jurisdiction | England & Wales |
| Judgment Date | 18 November 1812 |
| Date | 18 November 1812 |
| Court | High Court of Chancery |
English Reports Citation: 34 E.R. 451
HIGH COURT OF CHANCERY
See Holmes v. Penney, 1856, 3 K. & J. 103; Ex parte Mackay, 1873, L. R. 8 Ch. 647; Ex parte Williams, 1877, 7 Ch. D. 143; Ex parte Jay, 1880, 14 Oh. D. 26; Ex parte Jackson, 1880, 14 Ch. D. 744; In re Detmold, 1889, 40 Ch. D. 586; In re Holland, [1902] 2 Ch. 381.
[88] higinbotham . holme. July 3lst, 1811; May 5th, 1812. [See Holmes v. Penney, 1856, 3 K. & J. 103 ; Ex parte Mackay, 1873, L. R. 8 Oh. 647 ; Ex parte 'Williams, 1877, 7 Oh. D. 143 ; 'Ex parte Jay, 1880, 14 Oh. D. 26 ; Ex parte Jackson, 1880, 14 Oh. D. 744; In re Detmold, 1889, 40 Oh. D. 586 ; In re Holland, [1902] 2 Oh. 381.] Settlement on marriage of freehold estates of inheritance, and leaseholds for lives and years by a man not indebted, in trade, or intending it, to the use of himself for life, unless he shall embark in trade, and in the life of his wife become bankrupt, and from his decease or bankruptcy to secure an annuity for his wife ; and subject thereto for his heirs, executors, &c., on his afterwards engaging in trade, and becoming bankrupt void as against his creditors. By indentures of settlement, previous to the marriage of the Plaintiffs, the Plaintiff William Mosley Higinbotham conveyed to trustees freehold estates of inheritance and leasehold estates for lives and years, to hold to them, their heirs, executors, &c., after the marriage to the use of the Plaintiff, the husband, for life, unless he shall hereafter embark in any trade or business and in the life-time of his said intended wife shall become bankrupt, and from and after his decease or his being declared a bankrupt, which shall first happen, to the use, that the Plaintiff Sarah Higinbotham, in case she should survive her husband, and Hannah Higinbotham should be then living, should receive an annuity of 150 during the several lives of Sarah and Hannah Higinbotham ; but in case Hannah should be dead at the decease or bankruptcy of the Plaintiff, or should afterwards die in the life-time of Sarah, then from and after such death or bankruptcy of the Plaintiff and Hannah Higinbotham, that the Plaintiff Sarah should receive an annuity of 200 for her life, payable quarterly : the first payment to be made on the first quarter day next after the death or bankruptcy of William Mosley Higinbotham : and respective and successive annuities to be in bar and satisfaction of dower, and other share and claim, which the Plaintiff Sarah Higinbotham...
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