Re Gaffee's Settlement
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1850 |
| Date | 01 January 1850 |
| Court | High Court of Chancery |
English Reports Citation: 47 E.R. 1564
HIGH COURT OF CHANCERY
S. C. 1 Mac. & G. 541; 41 E. R. 1375 (with note).
[635] In re gaffee's settlement. May 4, 5, 1849 ; Feb. 26, 1850. [S. C. 1 Mac. & G. 541; 41 E. R. 1375 (with note).] By a post-nuptial settlement a sum of money, the property of the wife, was vested in trustees, upon trust to pay the income as the wife should from time to time appoint, not by way of anticipation; and, in default of appointment, to the wife for her separate use, independent of G. her husband ; and from and after her death, to G. the husband, for life; and from and after the death of the survivor, to the children of the marriage, as therein mentioned; and, if there should be no children, and the wife should survive G. the husband, the whole trust property to be paid to her; and if G. the husband should survive the wife, then, at his death, as the wife should appoint, or, if no appointment, to her next of kin. Held, that, although no reference waa made in the settlement to any future coverture, still the trust for the separate use of the wife, and the clause against anticipation, protected the interest of the wife during a second marriage, and that a charge by her and her second husband upon her life interest in the trust property, was invalid. This was an appeal from the decision of the Vice-Chancellor Wigram, which is reported in 7 Hare, 101. Hannah Poole, while under age, intermarried with Benjamin Gafl'ee, and no settlement or agreement for a settlement was then made. After the marriage, it was, however, [636] agreed, that part of her property should be paid to her husband, and that the remainder should be settled. A settlement was accordingly executed, dated the 29th of May 1811, and made between Benjamin Gaffee and his wife, of the first part, and trustees of he second part, whereby the trustees were directed (1) to pay the income of the trust property " to such persons and for such purposes as the said ih. a tv. 837. in be gaffee's settlement 1565 Hannah Gaffee should from time to time, by any writing under her hand, direct or appoint, but not so as to dispose of the same by sale, mortgage, or charge, or otherwise in the way of anticipation ; and in default of such direction or appointment, into her own hands, for her own separate use, notwithstanding her coverture, independently of the said Benjamin Gaffee, who was not to intermeddle therewith, neither was the same to be subject to his debts, contracts, or engagements; and the receipts of the said Hannah Gaffee, and of her appointees, were thereby declared to be discharges for the same; and from and after the decease of Hannah Gaffee, to pay the interest, dividends, and annual produce of the same trust monies and premises, or permit the same to be received by the said Benjamin Gaffee and his assigns, during his natural life ; and after the decease of the survivor of them, if there should be issue of their bodies, any child or children," in trust for the benefit of the children; and if there should be no child who should become entitled, then upon trust, if Benjamin Gaffee died in the lifetime of his wife, to transfer the trust funds to Hannah Gaffee, absolutely, but if he survived her, then to pay them as she should appoint by deed or will, and in default of appointment, to the parties who would be entitled to her persoaal estate in case she died intestate and unmarried. [637] In 1818 Benjamin Gaffee died, leaving several children of the marriage; and Mrs. Gaffee afterwards married a...
To continue reading
Request your trial