Re Tweedale's Settlement
| Jurisdiction | England & Wales |
| Judgment Date | 05 March 1859 |
| Date | 05 March 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 359
HIGH COURT OF CHANCERY
See Mackintosh v. Pogose [1895], 1 Ch. 514.
Feme Coverte domiciled in Scotland. Ward of Court. Rights of Husband to her Fund in Court
[109] In re tweedale's settlement. March 5, 1859. [See Mackintosh v. Pogose [1895], 1 Ch. 514.] Feme Coverte domiciled in Scotland. Ward of Court. Rights of Husband to her Fund in Court. Although, according to the law of Scotland, a wife has no equity to a settlement, still, if she be a ward of this Court, the Court is bound, before parting with her funds to her husband, to take care that proper provision is made for her. During the infancy of the Petitioner, Grace Henderson, then Grace Stuart, a sum of £600, part of the trust moneys subject to this settlement, was paid into Court under the Act for the Belief of Trustees, and was invested in the purchase of consols, the dividends of which were ordered to be paid during her infancy or until further order to her uncle for her benefit. Subsequently Grace, being still under age, intermarried with the Petitioner, Henderson, who was domiciled in Scotland. After she had attained twenty-one she joined her husband in presenting a petition for payment of the fund in Court to her husband absolutely. Upon the petition coming on to be heard, the Vice-Chancellor took notice that, according to the recent decisions, the effect of the payment of the money into Court during the infancy of the lady was to make her a ward of Court: In re Hodges' Settlement (3 K. & J. 219); and required an explanation of the circumstances under which she had been married without the consent of the Court, directing the petition to stand over for this purpose. An affidavit was then filed, by which the parties deposed that they were both domiciled by birth in Scotland, and that at the time of their marriage they were ignorant of the law, as stated by the Vice-Chancellor, and had no intention of acting disrespectfully towards the Court. [110] Mr. Cole, in support of the petition. The parties being domiciled in Scotland, where a wife has no equity to a settlement, the Court will order payment of the fund to the husband absolutely : M'Gormick v. Garnett (5 De G. M. & G. 278). the vice-chancellor. Is this a question of equity to a settlement, or of the course to be adopted by the Court in reference to one of its own wards ? Can that course be affected by the circumstance of the ward being domiciled in Scotland? In...
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