Randall v Morgan. [HIGH COURT of CHANCERY]
| Jurisdiction | England & Wales |
| Judgment Date | 16 December 1805 |
| Date | 16 December 1805 |
| Court | High Court of Chancery |
English Reports Citation: 33 E.R. 26
HIGH COURT OF CHANCERY
See De Beil v. Thomson, 1841, 3 Beav. 475; Maunsell v. White, 1844, 1 Jo. & Lat. 567; Barkworth v. Young, 1856, 4 Drew. 12; Warden v. Jones, 1857, 23 Beav. 495; 2 De G. &. J. 85; In re Holland, [1901] 2 Ch. 151; [1902] 2 Ch. 378.
randall v. morgan. Halls. Dec. I2tht IGth, 1805. [See be Bell v. Thomson, 1841, 3 Beav. 475 ; Maunsell v. White, 1844, 1 Jo. & Lat. 5G7 ; Barkworth v. Young, 1850, 4 Drew. 12 ; Warden v. Jones, 1857, 23 Beav. 495; 2 De G. &. J. 85; In re Holland, [1901] 2 Ch. 151; [1902] 2 Ch. 378.] Construction of a letter ; as not amounting to an absolute agreement to give a marriage portion. Another letter, subsequent to the marriage, authorizing the husband to draw for interest, due on a bond, which was never executed, could not prevail as evidence of a promise ; which, if subsequent to the marriage, was void, as nu'Ium pactum and a previous promise not being shewn ; if that, by parol, with a written recognition after the marriage, would do, within the Statute of Frauds. An Exception was taken by the Defendant, Philip Godfrey, to the Master's Report,for not allowing the sum of 2000!claimed by him as a debt from the testator's estate-, under the following circumstances. By a letter, dated the 30th of September 1792, previous to the marriage of Godfrey with Mary Crooke, a natural daughter of the testator, in answer to an application by Godfrey, respecting the fortune he was to receive with his wife, the testator expressed himself in the following manner : 12 VES. JtTN. 68. RANDALL V. MORGAN 27 " You have already had my sentiments in the letter I wrote you from St. Kill's " and nothing has arisen [68] since that period to induce me to alter my opinion. " The addition of 1000 3 per cents, stock, is not sufficient to induce me to enter " into a deed of settlement. Whether Mary remains single or marries, I shall allow " her the interest of 2000 at 4 per cent, if the latter I may bind myself to do it " and pay the principal at rny decease to her and her heirs." Another letter, dated the 25th of July 1793, soon after the marriage, from the testator to Mrs. Godfrey, contained the following passage : " Mr. Godfrey may draw immediately on James Akers, at thirty days sight, " for 40, the half-year's interest due on my bond for 2000, which became due on " the first of this month." The testator died upon the 26th of October 1799. Godfrey, being one of the executors, by his examination stated, that both before and after his marriage the testator promised to execute a bond to him for payment of the sum of 2000, with interest at 4 per cent, per annum, during the life of the testator, as a marriage portion; and the Defendant married on the faith of such promise ; and settled the sum of 2000 Old South Sea Annuities on his wife, and the issue of the marriage : but the testator never did execute the bond ; though he considered himself liable thereto, as appears by the letter of July 1793; and during his life he regularly paid the interest of the said sum of 2000, at 4 per cent per annum, to the Defendant up to the 1st of July 1798. Lady Durrani, by her...
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