Major v Lansley
| Jurisdiction | England & Wales |
| Judgment Date | 25 February 1831 |
| Date | 25 February 1831 |
| Court | High Court of Chancery |
English Reports Citation: 39 E.R. 430
HIGH COURT OF CHANCERY
S. C., 9 L. J. Ch. (O. S.), 102.
major i: lansley. Hull*. Jan. 24, 27, 31, Feb. 25, [1831]. [S. C., 9 L. J. Ch. (0. S.), 102.] A married woman, to whom a rent-charge for life in reversion is devised to her separate use, without the intervention of trustees, joins with her husband in assigning it for a valuable consideration ; she is bound by that assignment after the death of her husband. William Neale, by his will, dated the 28th of March 1821, devised certain real estates to his brother, James Neale, for life; and, after his decease, to his niece, Louisa Reding, her heirs and assigns, for ever ; charged, nevertheless, after the decease of James Neale with one annuity, or clear yearly rent of ,50, payable half yearly, which he thereby gave to his niece, Martha Lansley, wife of Edward Lansley, during her natural life, for her sole use and benefit, notwithstanding her coverture, and free from the debts, control, or engagements of her said husband, for which her receipt alone was to be a good discharge; and from and after the decease of Martha Lansley,. he, the testator, directed that, if Edward Lansley should be then living, the said annuity should be paid to Edward Lansley and his assigns, during his natural life, by the like half-yearly payments. Powers of entry and distress, in case the annuity should be in arrear, were given to Martha Lansley and Edward Lansley successively. The testator died in November 1822 : James Neale, the brother, on whose decease the annuity became payable, died in January 1828 : and Edward Lansley died in the following August, leaving his wife, Martha, him surviving. [356] By an indenture, dated in October 1823, and made between Edward Lansley and Martha his wife, of the first part, the Plaintiff of the second part, Wheeler and Gilbert of the third part, and Kawlins of the fourth part, in consideration of 400, paid by the Plaintiff to Lansley, and which sum, with interest, Lansley covenanted to-pay on or before the 4th of April then next, it was witnessed that Lansley and Martha his wife did grant, bargain, sell and confirm unto Wheeler and Gilbert, their heirs and assigns, the said annuity or yearly rent of ,oO given by the will of William Neale to Martha Lansley, together with all her powers and remedies for recovering and compelling payment thereof, to hold the same to Wheeler and Gilbert, their heirs and assigns, during the life of Martha...
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Thornton v Bright
...668, pi. 19), Churchman v. Harvey (Ambl. 335), Long v. Long (5 Ves. 445), Carver v. Bowles (2 Russ. & Mylne, 301), Major v. Lansley (2 Russ. & My. 355). Mr. Jacob and Mr. Norton, in support of the decree. The general words " in such manner and form " apply in strict grammatical construction......