Purdew v Jackson
| Jurisdiction | England & Wales |
| Judgment Date | 05 February 1824 |
| Date | 05 February 1824 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 1
HIGH COURT OF CHANCERY
S. C. 4 L. J. Ch. 1. See Honner v. Morton, 1828, 3 Russ. 70, 72; Widgery v. Tepper, 1877, 5 Ch. D. 521. For Bates v. Dandy, 1 Russ. 33, n.; 3 Russ. 72, m.; 2 Atk. 207, See Hutchings v. Smith, 1838, 9 Sim. 146.
Eeports of CASES ARGUED and DETERMINED in the HIGH COURT OF CHANCERY, during the Time of LORD CHANCELLOR ELDON, 1826. By JAMES RUSSELL, Esq., Barrister-at-Law. Vol. I. 1827. [1] purdew v. jackson. Rolls. Dec. 19, 22, 1823; Feb. 3, 5, 1824. [S. C. 4 L. J. Ch. 1. See Honner v. Morton, 1828, .'( Russ. 70, 72 ; Widgery v. Tepper, 1877, 5 Ch. D. 521. For Bates v. Dandy, 1 Russ. 33, n.; 3 Russ. 72, n.; 2 Atk. 207, see Hutchings v. Smith, 1838, 9 Sim. 14(5.] Husband's assignment of his wife's reversionary interest in a personal chattel. Where husband and wife, by deed executed by both, assign to a purchaser for valuable consideration a moiety of a share of an ascertained fund, in which the wife has a vested interest in remainder, expectant on the death of a tenant for life of that fund, and both the wife and the tenant for life outlive the husband, the wife is entitled, by right of survivorship, to claim the whole of her share of the fund against such particular assignee for valuable consideration. Thomas Wr-igglesworth, by his will bearing date in 178,'i, after giving some legacies and annuities, and devising a leasehold property, gave and bequeathed all the residue of his estate and effects to John Clifford, John Jackson, and William Complin, their executors and administrators, upon trust, as soon after his decease as conveniently might be, to get in such parts thereof as should consist of debts or securities, and to convert the other parts thereof into money. The sum thus produced they were to invest in the purchase of equal shares or quantities of reduced 3 per cent, bank annuities, and of consolidated 3 per cent, bank annuities : and they were to receive from time to time the dividends of the stock so purchased, and to pay the same to the testator's daughter, Isabella Purde-w, during her life ; and after her decease, to his grand-daughter, Sarah M'Dougall, during her life. The testator further directed, that, after the decease of the survivor of Isabella [2] Purdew and Sarah M'Dougall, the trustees, or the survivors or survivor of them, or the executors or administrators of the survivor, should stand possessed of the consolidated and reduced annuities which should have been so purchased, and of the dividends and annual produce thereof, in trust, for all and every the child and children of Sarah M'Dougall, share and share alike. The share or shares of such child or children as should be a daughter or daughters were to be paid when she or they respectively should attain the age of twenty-one years, or be married with the consent and approbation of the trustees, which should first happen ; and notwithstanding the postponement of the time of payment until after the decease of Isabella Purdew and Sarah M'Dougall, it was declared that the shares were to be deemed vested interests in such of the children, as, being a son or sons, should attain the age of twenty-one years, or die before that age, leaving issue ; or, being a daughter or daughters, should attain that age, or be married with the requisite consent. John Clifford, John Jackson, and William Complin were named executors. Thomas Wrigglesworth died on the 5th of April 1788, leaving Isabella Purdew and Sarah M'Dougall him surviving. John Jackson alone proved the will, and 0. xvni.- 1 2 PUBDKW V. JACKSON 1 RUSS. 3. acted in the execution of the trusts. He died iu L7'.)4, having previously invested the residuary estate of Thomas Wrigglesworth in the purchase, of 5350 consolidated 3 per cent, bank annuities, and of a like sum reduced 3 per cent, bank annuities. Sarah M'Dougall died in 1802. She left seven children her surviving, all of whom subsequently took vested interests in thoir respective shares of tlie testator's residuary property. In 1804, a suit for carrying into execution the trusts of Thomas Wr-igglesworth's will was instituted by Isabella Purdew, the children of Mrs. M'Dougall, and the hus [3]-bands of two of them who were then married, against Susannah .fuel-son and Elizabeth Jackson, the surviving executrixes of John Jackson. By a decree made in that cause on the 2fith of June 1800, it was, amongst other things, ordered that, the trust funds, consisting of the r 3,r 0 consolidated .'! per cent, bank annuities, and of so much of the 5350 reduced 3 per cent, bank annuities aa should remain after the payment of the costs of the suit, should be transferred to the accountant-general, to the credit of the cause, upon the trusts of the testator's will ; that the dividends of the stock should be paid to Isabella. Purdew during her life ; and that, on her death, any of the parties interested in the fund should he at liberty to apply. In pursuance of this order, and the proceedings that were taken upon it, 5350 consolidated 3 per cent, bank annuities, and 5223, 13s. firf. reduced 3 per cent, bank annuities, were transferred to the credit of the cause. Margaret Ann M'Dougall, one of the seven children of Sara)/, M'Dougall, intermarried with Thomas Bolton, and, in April 1808, attained her age of twenty-one. By an indenture bearing date the 10th day of October 1812, and made between Thomas Bolton and Margaret Ann his wife, of the one part, and John Rose, of the other part, after raciting that Thomas Bolton was then, in right of his wife, entitled, amongst other things, to one equal seventh part of the residuary estate of Thomas Wrigglesworth, expectant and to take effect in possession on tlie decease of Isabella Purdew, and that the monies arising from that residue, and invested in stock, consisted of 5350 consolidated 3 per cent, bank annuities, and 5'223, 13s. (ir/. reduced 3 per cent, annuities, standing in the name of the accountant-general, to the credit of [41 this cause: and after further reciting, that Thomas Bolton did, in the month of May then last, agree with John Rose, for the absolute sale to him of one moiety of his, the said Tlunnas Bolton's, one undivided seventh part and share, in right of his said wife, of and in the said stocks, and other the stocks and funds therein mentioned, subject to the life interest of Isabella Purdew, for the price of 230, in part payment whereof the sum of 160 was advanced at the time of making such contract;-it was witnessed, that, in pursuance of the said contract, and in consideration of the sum of 230 to Thomas Bolton and Margaret. Ann his wife paid by John Base, they, Thomas Bolton and Margaret Ann his wife, did assign unto John Rose one equal moiety of all that one undivided seventh part or share of the said Thomas Bolton and Margaret Ann his wife, in her right, of and in (amongst other sums) the several sums of 5350 consolidated 3 per cent, bank annuities, and 5223, 13s. f d. reduced 3 per cent, bank annuities, expectant and transferable on the decease of Isabella Purdew, and all the right, title, and interest at law and in equity of them Thomas Bolton and Margaret Ann his wife, of, in, and to the same moiety, to hold the same unto the said John Rose, his executors, administrators, and assigns. And for the better enabling John Rose to get in the moiety so assigned to him, Bolton and his wife constituted Rose their attorney, with full power to sue for, recover, and receive the assigned property, and to give receipts for the same. The indenture contained likewise a covenant from Bolton, which was in the following words : " And the said Thomas Bolton, for himself, &c., doth hereby covenant, &c., that he, the said Thomas Bolton, shall and will, at any time or times hereafter, until the said money hereby assigned shall come into possession of, and be received by, the said John Rose, his executors, administrators, or assigns, at the request of the said John [5] Rose, his executors, administrators, or assigns, appear in person as often as there shall be occasion for his so doing (upon his having notice thereof), at any office or place of insurance, or at any underwriter's, within the cities of London and Westminster, or sKall send to him or them notice of his place of abode, and, if necessary, vouchers or certificates of his, the said Thomas Bolton's being living, and of the state and condition of his health, in order that he, the said John Rose, his executors, administrators, or assigns, may insure the life of him, the said Thomas Bolton for the 1 RUSS. 6. PURDEW V. JACKSON 3 better and more effectually securing to him and them the said recovery and receipt of the moiety and premises hereby assigned ; and further, that he, the said Thomas Bolton, shall not nor will do any act or thing, acts or things, whatsoever, that shall or may in any way impeach or render void any policy or policies of insurance made by the said John Rose, his executors, administrators, and assign, for insuring tno life of the said Thomas Bolton ; and further, that he, the said Thomas Bolton, shall and will pay all annual premiums or other sums of money necessary for effecting such insurance, and keeping the same alive and on foot, and shall and will indemnify the said John Rose, his executors, administrators, and assigns therefrom." This deed was executed both by Bolton and by his wife.(l) Rose having presented a petition in which he stated the assignment to him by-Mr, and Mrs. Bolton, the Master of the Rolls, on the 21st of December 1812, made an order, that a moiety of one-seventh part of the two sums of bank annuities, standing in the name of th& accountant-general in trust in the cause, should not be [6] trans-ferred or disposed of without notice to Rose. This petition was served on Mr. and Mrs. Bolton ; but when it came on to be heard, no counsel appeared for them. Some time afterwards, Mr. and Mrs. Bolton agreed to live separate from each other; and, on...
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