Parkes v Bott
| Jurisdiction | England & Wales |
| Judgment Date | 23 November 1838 |
| Date | 23 November 1838 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 407
HIGH COURT OF CHANCERY
S. C. 8 L. J. Ch. 14.
Deed. Construction. Policy of Insurance. Bonus.
[388] parkes v. bott. Nov. 23, 1838. [S. C. 8 L. J. Ch. 14.] Deed. Construction. Policy of Insurance. Bonus. A marriage settlement recited that it had been agreed, on the treaty for the marriage, that the intended husband should insure his life in the Kock Insurance Office, in the names of trustees, iu the sum of 3000; that the dividends of certain canal shares should be applied in keeping the policy on foot ; that the said sum of 3000 under the policy should be settled in manner thereinafter mentioned : and that, in pursuance of the agreement, the intended husband had made an insurance on his life in the Eock Office, in the sum of 3000, in the names of the trustees of the deed; and it was declared that the trustees should stand possessed of the policy, in trust for the intended husband until the marriage, and that, upon the solemnization thereof, they should stand possessed of the said sum of 3000, when received under the policy, upon certain trusts for the benefit of the intended wife and the children of the marriage. The husband became bankrupt and afterwards died. On his death, a considerable bonus was payable on the 3000. Held, that the husband's assignees were not entitled to the bonus, but that that sum, as well as the 3000, belonged to the trustees of the settlement. By the settlement on the marriage of John Parkes the younger, son of John Parkes the elder, with Anna Maria Eees, bearing date the 28th of March 1817, after reciting that it was agreed on the treaty for the marriage that John Parkes the elder should settle in the manner therein mentioned 13 shares in the Warwick and Napton Canal Navigation, and that John Parkes the younger should insure his life in the Rock Insurance Office in Bridge Street, Blackfriars, London, in the names of trustees, in the sum of 3000; for keeping which policy on foot, if the interest and dividends of the canal shares should at any time be insufficient for that purpose, his father should join with him as security; and, further, that John Parkes the younger should by his bond secure to trustees the transfer by his heirs, executors or administrators, within three calendar months next after his decease of 4400 consols, into the names of such trustees, to the intent that the same, together with the [389] said sum of 3000 under the policy, might become settled in the...
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Loscombe v Wintringham
...therefore, the disposal of the whole. The case is similar to dispositions of policies, which carry with them any bonus. Parkes v. Bolt (9 Simons, 388; and see Courtney v. Ferrers, 1 Simons, 137). Mr. Turner and Mr. Baggallay, for the charities. That this is a gift of the whole fund, and of ......
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Gilly v Burley
...to be effected, kept up and settled, and there ia no declaration of trust of any surplus in favour of Mr. Gilly. He cited Parkes v. Soft (9 Simons, 388). the master of the rolls reserved judgment. July 15. the master of the eolls [Sir John Romilly]. The short question in this ease depends o......