Lempriere v Valpy
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1832 |
| Date | 01 January 1832 |
| Court | High Court of Chancery |
English Reports Citation: 58 E.R. 278
HIGH COURT OF CHANCERY
Power. Feme Coverte.
[108] lempriere v. valpy. Jan. 13, Feb. 18, 1832. Power. Feme Coverte. A married woman having power to dispose of property, by her will executed as required by the power, but not referring to it, gave to her husband all the property which she might die possessed of, or have in reversion or in expectation. Held not to be an execution of the power. By indentures of lease and release, dated the 14th and 15th of December 1813, being the settlement made in contemplation of the marriage between the Rev. John Lempriere with Elizabeth Deane, after reciting that Elizabeth Deane was entitled to one-fourth, or some other share of 1200 five per cent. Bank annuities, and 600 Bank stock, and the several bonuses thereon expectant respectively upon the decease of Sarah Anne Deane the mother of Elizabeth Deane, and to the moiety of 1000 three per cent. Reduced Bank annuities, expectant upon the decease of John Deane her father, and also to the remainder or reversion in fee of one-fourth part of a messuage and lands in Reading, to take effect in possession on the respective deceases of the persons therein named, and that she was also entitled for her life to the dividends arising from 2627, 5s. 2d. four per cent, consolidated Bank annuities, standing in the names of the trustees therein named, and that she was also possessed of the sum of 500 secured and then due to her, by the joint promissory note of her father and mother, and that Elizabeth Deane, under the wills of Sarah Spicer, Sarah Zenzau, and George Deane her grandfather, and the marriage settlement of her father and mother, was entitled to, or interested in, contingent or other property consisting of freehold estates in the parishes of Shinfield and Burghfield and in Reading or elsewhere, and divera sums of money, stocks, funds and other personalty, and that it had been agreed that the freehold hereditaments and also the 500 promissory note, and the principal [109] and interest thereby secured and the aforesaid monies, stocks, funds and securities belonging to the said Elizabeth Deane, and her right, title and interest therein, as well vested as contingent, and all other her personal estate and effects, should be conveyed and settled to the uses and upon the trusts thereinafter limited, and that in consideration of such marriage and by way of further provision the said J. Lerapriere had agreed to settle and secure a net sum of 200 a year, for the life or widowhood of Elizabeth Deane in case she should survive him, and also to convey, assign and settle in manner thereinafter mentioned, any real or personal property that might thereafter be given, descend or devolve on her, and to enter into the covenants in that behalf thereinafter mentioned : Elizabeth Deane conveyed and assigned to (1) No further proceedings were had in the cause. The Defendants executed a lease, not settled by the Master, and paid the costs of the suit. S SIM. 110. LEMPRIERE V. VALPY 279 the Defendants Kichard Valpy and William Andrews their executors, administrators and assigns, her one-fourth part or share of the sums of XI200 five per cent, annuities, and 600 Bank stock and the several bonuses thereon, expectant respectively on the decease of Sarah Anne Deane and all the accumulations thereof, and also her moiety of the 1000 three per cent. Reduced Bank annuities expectant on her father's decease, and all the dividends and interest which, thenceforth during the life of Elizabeth Deane, should grow due in respect of the 2627, 5s. 2d. four per cent. Bank annuities, and also the note for 500 and the principal and interest due thereon, and all other the monies or securities for money, and personal estate or property which she was then possessed of, or interested in, or entitled unto in possession, reversion, remainder or expectancy, or otherwise howsoever (except her wearing apparel, jewels, trinkets, and other articles of her dress and ornaments of her person), in trust after [HO] the marriage, as to the dividends arising from the 2627, 5s. 2d. stock, during the joint lives of J. Lempriere and Elizabeth Deane, for her separate use, and if J. Lempriere should die in her lifetime, then to pay the same to her and her assigns during her life; and as to the 500 secured by the promissory note, and all interest due, and to f row due for the same in trust for such persons and for such intents and purposes, as lizabeth Deane alone, and notwithstanding her coverture, by any deed or instrument in writing with or without power of revocation and new appointment, or by her last will and testament in writing, or any codicil thereto, or any writing in the nature of her last will and testament, should direct and appoint, and in default of such direction or appointment in trust for Elizabeth Deane, her executors, administrators and...
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