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...
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