Re The Trustees' Relief Act and The Trusts of the Settlement of Thomas Edgington and Sophia, his Wife
| Jurisdiction | England & Wales |
| Judgment Date | 28 March 1855 |
| Date | 28 March 1855 |
| Court | High Court of Chancery |
English Reports Citation: 61 E.R. 880
HIGH COURT OF CHANCERY
Deed. Construction.
[202] Re the trustees' relief act and the trusts of the settlement of thomas edgington and sophia, his Wife. March 28, 1855. Deed. Construction. Limitation over after a life interest to husband for life or until bankruptcy, remainder to the wife for life, remainder in the case of the wife dying in the husband's lifetime, then after the husband's death or sooner, in case of his becoming bankrupt, to the children " then living." Held, these words referred to the period of the wife's death, and not of the bankruptcy. By the settlement made on the marriage of Thomas Edgington and Sophia Farncombe, reciting a lease of certain premises in the borough of Southwark, and an assignment thereof to the said Thomas Edgington; and reciting that a marriage had been agreed upon between the said Thomas Edgington and Sophia Farncombe, and in consideration thereof, and for making some provision for the said Sophia Farncombe, and for the issue, if any, of the said intended marriage, and for other considerations, the said Thomas Edgington had, by indenture bearing even date therewith, assigned the said lease and premises to John Farncombe and Thomas Walker, their executors, administrators and assigns, and, as the fact was, that the said Thomas Edgington, for the considerations and pur-[203]-poses aforesaid, had also given his bond of that date to the said John Farncombe and Thomas Walker, for the payment of the sum of .2000, with interest on the 17th of October then next, upon the trusts thereinafter declared thereof, it was witnessed, and it was thereby declared and agreed, that the 3 DREWRY, 2M. RE EDGINGTON's TRUSTS 881 said John Farncombe and Tbomas Walker should stand possessed of the said premises so assigned to them as aforesaid by the said last-recited indenture, in trust for the said Thomas Edgington, his executors, administrators and assigns, until the said intended marriage should be had, and from and after the solemnization thereof, in trust to permit the said Thomas Edgington and his assigns to have, receive and take the rents and profits thereof during his life, or until he should commit any act of bankruptcy, and a commission- of bankruptcy should thereupon issue against him, or he should make any composition with his creditors for payment of his debts, or make an -assignment of...
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