Prince v Cooper
| Jurisdiction | England & Wales |
| Judgment Date | 22 February 1853 |
| Date | 22 February 1853 |
| Court | High Court of Chancery |
English Reports Citation: 51 E.R. 1004
ROLLS COURT
S. C. 23 L. J. Ch. 341, 343. Not followed, Wheatly v. Davies, 1876, 35 L. T. 307.
[187] playfair . cooper. pkince v. cooper. Feb. 24, May 30, 1853. [S. C. 23 L. J. Ch. 341, 343. Not followed, JHieatl)/ v. Darius, 1876, 35 L. T. 307.} A testatrix directed her trustees to levy and raise, out of the interest, dividends ancl annual produce of certain trust funds, an annual sum of 100, aud pay the same to R. P. during his life; ancl " subject and without prejudice to the payment of the said annuity," to pay the income of the trust funds to F. C. for life, and after his decease, "subject and without prejudice, as aforesaid," to stand possessed of the trust funds for other persons. The income of the fund was insufficient to pay the-annuity. Held, that such arrears were a charge upon the cm-pux of the trust property, and that the tenant for life was only bound to keep clown the interest of such arrears. Held, also, that the claim for arrears beyond six years was not barred by the statute,, there being a trust for the payment. By articles made on the marriage of Mr. and Mrs. Cooper, in 1832, they covenanted to convey certain property to trustees, upon trust to sell, ancl out of the proceeds tiv (1) H-tlUam v. fianyar, 10 Hast, 69; Dunn v. Diaitiowl, 4 Bar. & Cres. 245; Dm v. tinait/i, 8 Bing, 153 ;" Wrwijklim \. Turtle, 11 Mee. & Welsby, 5(57. 17BEAV.1S8. PLAYFAIR 1'. COOPER 1005 pay the coats and to raise two sums of 150 and 1000, and to lay out the residue of the proceeds and stand possessed thereof, upon trust, during the joint lives of F. Cooper and wife, to pay the income to her, and after her death to pay one moiety of the income to F. Cooper, for life, and after other limitations (which failed), then upon such trusts as Hannah Steward should by will appoint. The marriage took effect, and pursuant to the covenant, a freehold estate called "Spennells" was, in 1836, conveyed to the trustees of the settlement. Mrs. Cooper died on the 1st of May 1837, having by her will, made in pursuance of the power, appointed that the trust fund should be transferred into the names of trustees, on trust (subject to the life interest of her husband in a moiety thereof) to raise thereout 2000 for F. Cooper, and 100 for John Cole, and to stand possessed of the residue, " upon trust, during the life of her father, Richard Prince, to levy and raise, by and out of the interest, dividends, and annual produce [188] of the remaining moiety of the trust funds and securities, an annual sum of 100 clear of all deductions," and pay the same to R. Prince; and subject and without prejudice to the payment of the said annuity, pay the income of the trust funds to, or permit the same to be received by Frederick Cooper and his assigns, for his life, and from and immediately after the decease of F. Cooper, subject and without prejudice as aforesaid, upon certain trusts for her brother John Prince and her four sisters and their children. In 1839, and in order to raise the charges, the Spennells estate was mortgaged for 3010 to Henry Cbasemore, for a term of 500 years, by way of mortgage. Frederick Cooper, after his wife's death, took possession of the Spennells estate, but after payment of the interest on the charges, the surplus of the moiety of the income was insufficient to pay the annuity of 100...
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