Hobson v Trevor
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1723 |
| Date | 01 January 1723 |
| Court | High Court of Chancery |
English Reports Citation: 24 E.R. 695
LORD MACCLESFIELD.
[191] de teem. S. micwaeljs, 1723. Case 49.-hobson versus trevor. Lord Macclesfield. ò 10 Mod. 507 ; 1 Stra. 533 ; 2 Eq. Ca. Ab. 21, pi. 18. An agreement in marriage-articles to convey to the husband a third part of what shall come to the father of the wife on the death of his father; this good and equity will compel an execution. The plaintiff Hobson was a younger son to Lady Hobson, and put apprentice to a linen-draper, and under age; the defendant Trevor was the eldest son of Sir John Trevor, late Master of the Rolls, but had incurred his displeasure and was not admitted to his presence, and it was uncertain whether he would inherit any part of his estate. The defendant Mr. Trevor encouraged the plaintiff Hobson to court his daughter without the privity of Lady Hobson the plaintiff's mother, and the defendant Trevor before the marriage, gave a bond to the plaintiff Hobson dated 8 Nov. 1716, in the penalty of £5000, and in the' condition the then intended marriage betwixt the said plaintiff and the defendant's daughter was recited, and that the defendant had agreed, in consideration of the said intended marriage, to settle and assure one third part of all such real estate, as should descend [192] or come to him the said Trevor by and upon the decease of his said father the Master of the Rolls, to the use of the plaintiff Richard Hobson for life, remainder to the use of Elizabeth the defendant's daughter for her life, remainder to the heirs of the body of the said Elisabeth by the said plaintiff Hobson, the remainder to the right heirs of the said defendant Trevor, after which came these words [now the condition of the obligation is, that if the said marriage shall take effect, and the said Edward Trevor, shall within three months after the death of his said father, settle and assure one third of all such real estate as shall descend or come to him after his father's death, then the bond to be void]. The marriage took e'ffect; and soon after Sir John Trevor dying intestate, whereby a great real estate came to the defendant as eldest son and heir of his father, the plaintiff and his wife brought their bill for a specific performance of this agreement. Objected. The plaintiff shall have no more than the penalty of £5000, and it is a dangerous precedent to suffer an heir apparent to e'nter into any agreement to dispose of his father's estate (1) before he has it; besides...
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A P Holroyd and Others v J G Marshall and Others
...If otherwise, a judgment creditor might, by the mere act of taking possession, defeat the solemn deed of the assignor. Hobson v. Trevor (2 P. Wms. 191) shows that in equity property will pass absolutely by the mere force of a contract, and in BecKley v. Newland (id. 182) a contract of a mos......
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Hill v Gomme
...and the other parties there was no consideration, meritorious or otherwise, except the remnant, if any, of the 100. In Holson v. Trevor (2 P. Wms. 191), [254] the parties to be benefited were the daughter of the contracting party, her husband and children. Let it, however, be assumed that t......
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A P Holroyd and Others v J G Marshall and Others
...Douglas v. Russell (4 Sim. 524 ; 1 M. & K. 488); Curtis v. Auber (1 Jac. & W. 526); Lyde v. Mynn (1 Myl. & K. 683); Hobsm v. Trevor (2 P. Wms. 191); and the interest, when it comes into existence, will at once become subject to the contract; Metcalfe v. The Archbishop of York (6 Sim. 224 ; ......
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Lyde v Mynn
...in this Court to be now shaken. The decisions of Lord Macclesfield in Beckley v. Neivland (2 P. Wins., 182), and Hobson v. Trevor (2 P. Wms., 191), recognised and approved as they were by Lord Hardwicke in- C. xix.-27* 842 LYDE V. MYNN I MY. & K. 890. Wright v. Wright (1 Ves., sen., 409), a......