Re Hughes' Trusts
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1864 |
| Date | 01 January 1864 |
| Court | High Court of Chancery |
English Reports Citation: 71 E.R. 394
HIGH COURT OF CHANCERY.
See Cooke v. Hemming, 1868, L. R. 3 C. P. 344; In re Richards, 1890, 45 Ch. D. 597.
Notice. Chose in Action. Bankrupt. Order and Disposition.
[89] Ee hughes' trusts. 1864. [See Cooke v. Hemming, 1868, L. R. 3 C. P. 344 ; In re Richards, 1890, 45 Ch. D. 597.] Notice. Chose in Action. Bankrupt. Order and Disposition. Trustees were directed to raise out of real estate by sale, mortgage or otherwise £2000 for portions to be paid to younger children. Before the portions were raised or payable one of the younger children created an incumbrance on his share, of which notice was not given to the trustees until after his bankruptcy. Held, that the interest of the bankrupt was not of the nature of realty so as to exempt it from the doctrine of notice, and that the share passed to the assignees in bankruptcy, as in the order and disposition of the bankrupt. This was a petition under the Trustee Relief Act for payment to the Petitioner, Thomas Jones, of two principal sums of £500 and £130 and interest out of a fund of £773, Os. Id. £3 per cent,, annuities, which had been paid in by the trustee, Thomas Hughes was entitled as a younger child under his father's marriage settlement, dated the 4th October 1808, to a share in a sura of £2000, directed to be raised out of certain freeholds which were the subject of the settlement. The settlement created a term of 500 years in the trustees upon trust, in case there should be issue of the said marriage an eldest or only son, and one or more child or children, that the trustees should, after the decease of the tenants for life, by demise, sale or mortgage of the hereditaments comprised in the term, or of a competent part thereof, for all or any part of the said term, or by such other ways and means as to them should seem fit, raise and levy, or borrow and take up at interest, the sum of £2000 for the portion or portions of such child or children (other than an eldest or only son), and pay the same unto or among all such children (other than an eldest or only son) equally, if more than one, share and share alike, the portions to be paid at 21, or, as to daughters, at 21 or marriage. By a mortgage dated the 5th July 1851 Thomas Hughes mortgaged his share to the Petitioner for £500, and on the 10th July 1858 notice was given to the trustee. By an indenture of the 23d July 1859 Thomas Hughes further charged his share in favour of the Petitioner with £130. No notice of this...
To continue reading
Request your trial
-
Baldwin's Estate
...29 Ch. D. 702. Daniel v. Freeman I. R. 11 Eq. at p. 248, per Sullivan, M.R. Gardiner v. BlesintonUNK 1 Ir. Ch. Rep. 64. Hughes' TrustsENR 2 H. & M. 89. Humber v. RichardsELR 45 Ch. D. 589. In re JenningsUNK 8 Ir. Ch. Rep. 421. In re Perrin 2 Dr. & War. 147. Malcolm v. Charlesworth 1 Keene, ......
-
Daniel v Freeman
...5 Hare, 14-20. Jones v. JonesENR 8 Sim. 633. Rooper v. HarrisonENR 2 K. & J. 86. Lee v. HowlettENR 2 K. & J. 531. Re Hughes' TrustsENR 2 H. & M. 89. Rochard v. FultonENR 1 Jo. & Lat. 413; 7 Ir. Eq. R. 131. Re WardENR 2 J. & H. 191. Doe d. Guest v. BennettENR 6 Ex. 892. Donnellan v. O'Neill ......
-
Nicholl v Jones
...in the manner I have mentioned, has been simply followed. On the second affidavit there is a question of sufficiency, and a counter question 2H.&M.89S. BE ISLE OF WIGHT FERKY COMPANY 595 of delay. How far is it right to [595] order the perusal of documents after more than a year has been al......
-
The Estate of David Vandeleur Roche, Owner; John Vanderkiste, Petitioner
...24 Beav. 47. Dearle v. HallENR 3 Russ. 1. Daniel v. Freeman Ir. R. 11 Eq. 233, 638. Lee v. HowlettENR 2 K. & J. 531 Hughes' TrustsENR 2 H. & M. 89. Ashton v. Dalton 2 Col. 565. Ex parte Bisdee 1 M. D. & De G. 333. Pryce BuryENR 2 Drew. 42. Burke's EstateUNK 9 L. R. Ir. 24. Wilmot v. PikeENR......