Probert v Clifford:-Esther Probert, Widow of Henry Probert the Younger, Plaintiff; (1) and Thomas Clifford and Others, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 12 May 1739 |
| Date | 12 May 1739 |
| Court | High Court of Chancery |
English Reports Citation: 25 E.R. 1124
HIGH COURT OF CHANCERY
[638] probert v. clifford :-esther probert, Widow of henry probert the Younger, Plaintiff; (1) and thomas clifford and Others, Defendants. May llth and llth, 1739. 1 Atk. 440. In marriage contracts when the fortune of the wife is paid to the father, or to clear incumbrances, or to the son ; and the father and the son who are parties to the marriage contract, covenant jointly that the wife's jointure shall be of a certain value, in case of a deficiency the wife has a lien both upon the estate of the father and son. And where a person having a power to charge an estate with £2000 after the death of his wife, gives her £1000 payable with interest three months after his own death ; held that the gift of the £1000 was a good execution of the power, though it could not be raised at the time appointed ; and that the interest could not be made good until it amounted to £2000, for that would be to charge the estate with the principal sum of £2000. WEST T. HARD. 639. PROBERT V. CLIFFORD 1125 A widow is entitled in respect to her paraphernalia to marshal assets as against real estates descended (Tipping v. Tipping, 1 P. Wms. 729. Snelson v. Corbet, 3 Atk. 369); but not as against a devisee. (2) This was a bill brought by the plaintiff to have the deficiency of her jointure made good according to the covenants in her marriage settlement, to have £1000 with interest from, three months after her husband's death, raised and paid to her pursuant to his will, and to have her paraphernalia delivered to her or satisfaction for the same. By a settlement made on the 3rd of April 1700, on the plaintiff's marriage with Henry Probert the younger, in consideration of the marriage and £3000 portion paid to Henry Probert the younger, by the consent and direction of his father Henry Probert the elder, and in consideration of £1GOO to Thomas Morgan, and £1400 paid to Thomas Morgan and John Morgan by Henry Probert the younger, by direction of Henry Probert the elder, to be applied to particular trusts mentioned in a former settlement, Henry Probert the elder, and Henry Probert the [639] younger, granted certain premises from and after the death of Henry Probert the younger, to the use of the plaintiff for her life, for her jointure and in lieu of dower, with remainder to such of the sons by her as Henry Probert the younger, should appoint, and both the father and son covenant for themselves, their heirs and executors, that the premises limited for her jointure, are and shall continue during her life of the clear yearly value of £300 per annum, over and above all charges and expenses whatsoever, public taxes...
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