Mary Slatter, Widow, Plaintiff, George Slatter the Elder, Charles Druce the Younger, John Druck, George Nugent, and the Governor and Company of the Bank of England, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 07 June 1834 |
| Date | 07 June 1834 |
| Court | Exchequer |
English Reports Citation: 160 E.R. 12
IN THE COURT OF EXCHEQUER IN EQUITY
maky slatter, Widow, Plaintiff, george slatter the Elder, charles druce the Younger, john druce, george nugent, and the governor and company of the bank or england, Defendatits June 7th, 1834 -Husband and wife having agreed to live apart from each, other, a sum of stock was invested in the name of trustees, and by a separation deed, containing the usual provisions, the husband agreed to pay to his wife for her maintenance, an annuity of 1801. a-year, and it was declared that the stock was intended as a security for the payment of that annuity. The deed contained a proviso that the husband should be iBdemuitied out of the annuity against the debts and contracts of his wife, (a) Coosidrable discussion took place as to the costs of the suit, the defendants Rob and Buckle claiming to be allowed the costs occasioned by the plaintiff's having claimed in his original bill tithes of wool and lamb, which on amendment he had struck out; and also the additional costs occasioned by several of the witnesses having proved, not only documents, but also the effect of those documents. For the plaintiff it was contended that the defendants had been allowed the usual costs of the amendment, which was the whole that they were entitled to, accoiding to the practice of the Court. And as to the costs of the evidence, it was urged that the costs of dissecting the evidence would exceed the amount of the costs objected to. The Court expressed an opinion that the Master, in taxing the costs, should make proper allowances to the defendants in these respects. 1 . & C EX. 29. SLATTER V. SCATTER 13 and all dower and thirds at common law or by custom, which she at any time thereafter, might claim, challenge, or demand from, out of, or against her husband, or his present or future estate, real or personal, and an agreement that the wife should make and execute all such acts, deeds, and matters as should be requisite for the purpose of releasing, barring, or extinguishing all dower or thirds at the common law. or by custom, which she could or might claim or demand ib, to, of out of any real or personal estate of her husband. The husband afterwards dying intestate, it was held that the deed did not deprive the wife of her shaee of her husband's personal estate, under the Statute of Distributions. [Not applied, Gwly v. Gurly, 1840, 2 Dr. & Wai. 463 : affirmed 1842, 8 Cl & F. 743. See 4 Y. &C Ex. 561.] In August, 1820, John Slatter, deceased, and the plaintiff were married. In and prior to the year 1826 John [29] Slatter had become addicted to habits of intoxication and intemperance, which rendered a separation between him and his wife necessary. By a deed of separation dated the 14th January, 1831, and made between John Slatter, of the first part, the plaintiff, his wife, of the second part, and Chailes Druce the younger, John Druce, and George Nugent, of the third part, after stating that differences had arisen between Slatter and his wife, and that they had agreed to live apart from each other, and that for the purpose of making a provision for her support and maintenance during her life, but subject to the proviso theieinafter contained, John Slatter had agreed to allow her an annuity of 1801. a year, to be secuied by the transfer of 600Q1. Consols into the joint names of John Slatter and of trustees (the parties of the third part). Slatter covenanted and agreed with the trustees and with his wife that it should be lawful for her, and that he...
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Coyne v Duigan. (Re Duigan, Deceased.)
...under the statute of distributions." On the whole, notwithstanding that the annuity for the wife is (1) 6 Sim. 19. (3) 6 Ves. 385. (2) 1 Y. & C. Ex. 28. (4) 8 CI. & F. 759. 146 THE IRISH REPORTS. [1894. M. R. spoken of as a jointure, and that it is not charged on any personal estate of the ......