Salmon v Gibbs
| Jurisdiction | England & Wales |
| Judgment Date | 17 February 1849 |
| Date | 17 February 1849 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 508
HIGH COURT OF CHANCERY
S. C. 18 L. J. Ch. 177; 13 Jur. 355.
[343] salmon v. gibbs. ##.17,1849. [S. C. 18 L. J. Ch. 177 ; 13 Jur. 355.] The donee of a power of appointment of a fund among her children, to whom the fund was limited in default of appointment, had only two daughters, and apportioned nearly the whole of the fund to one of them who was unmarried, on an understanding, but without any positive agreement, that the appointee would re-settle one moiety of it on trusts for the separate use of the other daughter who was married, exclusively of her husband, and, after her death, on trusts for her children. A re-settlement was accordingly made without the privity of the married daughter, who did not hear of the transaction until several years afterwards. Held, on the suit of her husband, that the appointment was invalid, and a settlement was directed to be made of the married daughter's share. J. H. Lambe, by his will, dated in the year 1821, bequeathed 5000 3J per cent. Bank annuities to trustees, and directed them to pay the dividends to Elizabeth, the wife of H. Eider, for life, for her separate use; and after her death to stand possessed of the capital, upon trust, for all and every the children and child of Elizabeth Eider, born or to be born, at such age or time, or ages or times, and if more than one, in such shares or proportions, and subject to such provisions, conditions, annual payments and limitations over, the same to be for the benefit of some or one of such children, as she should by deed or will appoint; and in default of such appointment, upon trust, for all her children equally, the shares of sons to vest at the age of twenty-one years, and the shares of daughters to vest at that age or marriage. Mrs. Eider had four children-two sons who died without having attained twenty-one, and two daughters, Elizabeth Eider and Mercy Eider, afterwards the wife of Eobert Salmon. By a deed-poll, dated the 17th of June 1839, Mr. Eider appointed 4800 stock, part of the 5000 stock, subject to her own life interest, to her daughter, Elizabeth Eider, absolutely. By an indenture, dated the 18fch of June 1839, made between Miss Eider of the first part, Mrs. Salmon of the second part, and H. Thompson and W. Northcate of the third part, it was witnessed that, in consideration of natural love and affection, Miss Eider assigned to Henry Thompson and W. Northcate the sum of 2300 stock, part of the 4800...
To continue reading
Request your trial
-
Lady Mary Topham v The Duke of Portland
...Russell v. Jaekson (10 Hare, 204); Saauleman v. M'Kenzie (1 John. & Hem. 613); Chadieick v. Doleman (2 Vern. 528); Salman v. Gibbs (3 De G. & Sm. 343). Sir Hugh Cairns, Mr. Hardy and Mr. A. Bailey, for the Duke of Portland. Stnud v. Norman (Kay, 313); Birky v. Birley (25 Beav. 299); Probij ......
-
Agassiz v Squire
...499 ; 17 Beav. 37). Mr. Roupell and Mr. Hedge, for the Plaintiff, Louisa Agassiz, cited Lee v. Fernie (1 Beav. 483); Salmon v. Gibbs (3 De G. & Sm. 343); Lady Cavan v. Pulteney (2 Ves. jun. 544); Dodd v. Wake (5 De G. & Sm. 226). Mr. Drewry, for the trustees of policy monies. Mr. Sparling, ......
-
Q Trusts, Re ; The Q Trusts
...(15) Rabaiotti 1989 Settlement, In re, 2000 JLR 173; [2000] W.T.L.R. 953, applied. (16) Salmon v. GibbsENRENR (1849), 3 De G. & Sm. 343; 64 E.R. 508; sub nom. Salmon v. Gibbes, 18 L.J. Ch. 177. (17) Simpson”s Marriage Settlement, In re, Chadderton v. Simpson, [1952] Ch. 412; [1952] 1 All E.......