Re Marsden's Trust
| Jurisdiction | England & Wales |
| Judgment Date | 04 June 1859 |
| Date | 04 June 1859 |
| Court | High Court of Chancery |
English Reports Citation: 62 E.R. 228
HIGH COURT OF CHANCERY
S. C. 28 L. J. Ch. 906; 5 Jur. (N. S.) 590; 7 W. R. 520. See Topham v. Duke of Portland, 1869, L. R. 5 Ch. 57. Distinguished, Roach v. Todd, 1875, 3 D. 430. See Henty v. Wrey, 1882, 19 Ch. D. 503; 21 Ch. D. 332. Commented on and explained, In re Crawshay, 1890, 43 Ch. D. 615.
Power. Appointment. Fraud.
228 IN RE ;MAR3DEN'S TRUST 4DBB6,S8t [594] In re marsden's trust. June 4, 1859.;; [S. C. 28 L. J. Ch. 906; 5 Jur, (N. S.) 590; 7 W. E. 520. See Topham v. Dtih of Portland, 1869, L. E. 5 Ch. 57. Distinguished, Roach v. rW,l'875, 3 .Ch, D. 430. See Henty v. Wrey, 1882, 19 Ch. D. 503; 21 Ch. D. 332. Commented on and explained, Inn Cmwshay, 1890, 43 Ch. D. 615.] Power. Appointment. Fraud. Where the donee exercises a power of appointment in favor of one of several objects-of the power, with a view to the benefit of a stranger, the appointment is fraudulent and void, even although the appointee is ignorant of the fraud, and the motive of the donee is not morally wrong. Therefore, where a married woman having a power to appoint a fund, of which she received the income for her life, among her children, appointed the whole fund at her death to her eldest daughter, in order that thereout the daughter should benefit her father, but the daughter was not informed of the toother's intention until after her mother's death : Held, that such appointment was void. This was the petition of Isabel Charlotte Martin, praying the transfer out of Court to her of certain Canal shares; and ,the question was whether the appointment, under which she claimed to be admitted to the shares, was or was not, under the circumstances, a fraudulent execution of a power of appointment contained in a certain indenture of settlement of the 14th of October 1836, and consequently void. By that indenture, which was executed in contemplation of the marriage of Charlotte* Marsden with William John Martin, the Canal shares in question were vested in trustees upon trust to pay the annual income of the shares to Mrs. Martin, for her sole and separate use for her life, and after her decease the shares were limited as to one-fourth part of the income to any husband she might leave surviving, for his life, and, subject thereto, the trustees were directed to stand possessed of the said Canal shares in trust " for all and every or such one or more exclusively of the-others or other of the children or child or other issue of the said Charlotte Marsden, with such provisions for the respective maintenance, education and advancement, at such age, day or time or respective ages, days or times, and if more than one, in such parts, shares and proportions, and charged with such annual sums of money and limita-[595]-tions over for the benefit of the said children and issue or some or one of them, and upon such conditions and with such restrictions and in such manner as the said Charlotte Marsden, whether covert or sole, and if under coverture notwithstanding; such coverture...
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Lady Mary Topham v The Duke of Portland
...the Court. the solicitor-general (Sir R. Palmer), Mr. Kolt, Mr. Follett and Mr. Rowcliffe, for the Plaintiff. [526] In re Marsden'x Trust (4 Drew. 594); Carver v. Bwvles (2 Russ. & Myl. 301); Scroggx v. Scroggs (Amb. 272); Welksky v. Aforninglon ('2 Kay & J. 143); Fanner v. Martin (2 Sim. 5......
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Topham v The Duke of Portland
...was actually tested. In Lee v. Fernie (1 Beav. 490) Lord Langdale proceeds directly on the purpose. The decision in In re Marsden's Trust (4 Drew. 594), therefore, which was assailed in the Court below, but which is cited by Lord St. Leonards (Sugd. Pow. p. 617 (8th ed.)) without disapproba......