Parker v Brooke
| Jurisdiction | England & Wales |
| Judgment Date | 27 June 1804 |
| Date | 27 June 1804 |
| Court | High Court of Chancery |
English Reports Citation: 32 E.R. 729
HIGH COURT OF CHANCERY
See Dixon v. Dixon, 1878, 9 Ch. D. 592.
[583] parker v. brooke. Bolls. June Nth, 1804. [See Dixon v. Dixon, 1878, 9 Ch. D. 592.] Testator gave leasehold premises to his daughter for life, if his Term or Terms and interest therein should so long subsist, for her sole and separate use, notwithstanding her present or future coverture; and after her decease to her children equally, their executors, &c., during all the remainder of the estate, Term or Terms and interest, therein, which should be then to come and unexpired. No trustees being interposed, the husband, having possession, was held accountable according to the uses of the Will both as to the original leases and also as to reversionary leases, granted to him, as the person entitled under the Will of the former tenant, upon favourable terms ; and the Equity was established against a purchaser from him with notice. John Light by his Will dated the 13th of April 1785, gave to his daughter Hester Parker, after the decease of his wife, leasehold premises; to hold unto his said daughter and her assigns for the term of her natural life, if his term or terms and interest therein should so long subsist and continue, to and for her sole and separate use, notwithstanding her present or any future coverture ; and after her decease he bequeathed the premises to all and every her children, equally to be divided between them, share and share alike ; to hold to them, their executors, &c., during all the remainder of the estate, term or terms, and interest, therein, which should be then to come and unexpired, as tenants in common ; with a limitation over in default of such issue or the death of all under the age of 21 : and he appointed his wife executrix ; and afterwards upon her death by a codicil he appointed another person executor. No trustees were interposed by the Will. The testator died on the 22d of August 1788. The premises given by the Will were held under leases granted by the Marquis of Bath in 1759 and 1770, for the several terms of 99 years, if certain persons named should so long live. Parker, the husband, entered into possession ; and in 1791 he mortgaged the premises for £40 ; and upon payment of certain fines obtained reversionary leases for 99 years, if his eldest daughter should so long [584] uve to cmu-mence respectively from the expiration of the subsisting leases. In 1792 he made another mortgage of all...
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...658, and Underhill's Law Relating to Trusts and Trustees 11th ed (1959) p. 606: it appears first to have been used by Lord Grant M.R. in Parker v. Brooke (1804) 9 Ves 583, 588. The rule, as I understand it, is that no stranger can become a constructive trustee merely because he is made awar......
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