Pemberton v McGill
| Jurisdiction | England & Wales |
| Judgment Date | 06 March 1860 |
| Date | 06 March 1860 |
| Court | High Court of Chancery |
English Reports Citation: 62 E.R. 380
HIGH COURT OF CHANCERY
See Sawyer v. Sawyer, 1885, 28 Ch. D. 605; Hood Barrs v. Heriot [1896], A. C. 180.
Separate Estate. Restriant on Anticipation. Arrears and Future Payment of Annuity.
[266] pbmberton v. M'GiLL. March 5, 6, 1860. [See Sawyer v. Sawyer, 1885, 28 Ch. D. 605; Hood Barrs v. Eeriot [1896], : A.G. 180.] Separate Estate. Restraint on Anticipation. Arrears and Future Payments of Annuity. Where an annuity was given to an executrix who was a married woman, to her separate use without power of anticipation, and such executrix had misappropriated assets of the testatrix: "Upon a suit for the administration of the testatrix's estate, - the Court held that, in taking the accounts, payments of the annuity which were in arrear were liable to be applied to make good the executrix's misappropriations; but that the future payments, being subject to thie restraint on anticipation, were not so liable. The question in this case was whether the arrears and future payments of an annuity payable to an executrix, who Was a married woman, to her separate use and without power of anticipation, were applicable to'make'good certain assets of the testatrix which the executrix had .misapplied. Sarah Shuter,-being possessed of considerable real and personal property in England and America, by her will, dated tbe Mth df November 1852, bequeathed the residue of the estates, of which she might die possessed (except such of them as were in America) to the Plaintiffs and two other persons, whom sha appointed her trustees, upon trust to sell thfe same and pay the debts and-legacies given by her will, and invest the residue in such .English or American securities as S. E. S/M'G-fll should appoint, and in default,;upon trust that -the trustees should pay thereout an 'annuity of 300 (which by a codicil she increased to 350) to S. E. S. M'Gill for her separate use, without power of anticipation j-and the testatrix appointed S. E. S. M'Gill executrix of her will. The testatrix, Sarah Shuter, having died in 1854, S. E. S. M'Gill, as Executrix, took possession of th household furniture, and' all the- assets of the testatrix, which were in England, and sold the same and'applied the- proceeds of such sale, to the extent of 4000, t(0 her owe .use, but gave no notice of such sale to the trustees. [267] S. Ei S.: M'Gill had applied for probate of the testatrix's will, but being a married woman, and living aparti from her...
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