Hugh Williams and Ann his Wife v John Waters, Executor of Joseph Waters
| Jurisdiction | England & Wales |
| Judgment Date | 13 May 1845 |
| Date | 13 May 1845 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 434
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER.
hush williams and ann his Wife v. john waters, Executor of Joseph Waters. 'May 13, 1845.-By lease and release, by way of marriage settlement, lands, the '. inheritance of the wife, were conveyed by her to trustees and their heirs, to the use of the wife and her assigns, until the marriage ; and from the solemnization of the marriage, in trust for the wife and her assigns, during her life, for her own sole and separate use, independent of the debts, control, or engagements of the husband; and from her decease, to the use of the husband, his heirs and assigns : I-Held, that the trustees did riot take the legal estate during the life of the wife^ but that the use was executed in her, notwithstanding the words " to her own sole and separate use," &c. Covenant on an indenture of lease, dated 26th June, 1819, made between the plairjtiff Ann, dum sola, and the defendant's testator, Joseph Waters, whereby she demised to the; said Joseph Waters a messuage and lands therein mentioned, for ninety-nine years, yielding and paying (inter alia) the yearly rent or sum of 1641. 9s, during the life i f the said Ann, by two equal half-yearly payments, on the 25th March and 29th September in every year; and the said Joseph Waters, for himself, his executors, administrators, and assigns, covenanted with the said Ann and her assigns for payment of the said yearly rent of 1641. 9s., on the days and times thereinbefore mentioned for payment thereof. The declaration then averred the entry and possession ;of the testator, and assigned as breaches the non-payment by the defendant as executor, after the death of the said Joseph Waters, and after the intermarriage of the plaintiffs, of the sum of 141. 9s., parcel of a half-yearly [167] payment of the said rent due at Michaelmas, 1841 ò of the further sum of 821. 4s. 6d., being the half-yearly payment due at Lady-day, 1842 ; and of three other like sums, being the half-yearly paynjents respectively due at Michaelmas, 1842, and at Lady-day and Michaelmas, 1843J (amounting in the whole to 34.31. 7s.). The defendant pleaded, that, after the making of the indenture in the declaration mentioned, and before the marriage of the said Ann with the said Hugh Williams, MM. &W. 16B. W[T,LIAMS ?.). WATERS 435 and before the accruing of any of the causes of action in the declaration mentioned, to wit, on the 3rd of June, 1832, she the said Ann was seised in her demesne as of fee of and in the reversion of and in the said messuage, lands, and premises, with the appurtenances in the declaration mentioned, expectant on the said term so granted to the said Joseph Waters. The plea then set out indentures of lease and release, (being the settlement made on the marriage of the plaintiff's), dated respectively the 3rd and 4th of June, 1832, the latter made between the said Hugh Williams of the first part, the said Ann of the second part, and Walter Rice Howell and John Williams of the third part, whereby the said Ann, for the considerations therein mentioned, granted, bargained, sold, released, and confirmed the said messuage, lands, and premises, with the appurtenances in the declaration mentioned, to the said W. Lv. Howell atid John Williams and their heirs, to the use of the said Ann, her heirs and assigns, until her marriage, and after the solemnization thereof, in trust for the said Ann and her1 assigns for her life, for her own sole and separate use...
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