Sanders v Sanders:-Mary Sanders, Plaintiff; (1) and Thomas Sanders and Others, Defendants. Cross cause: Thomas Sanders, Plaintiff; and Mary Sanders and Others, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 09 July 1739 |
| Date | 09 July 1739 |
| Court | High Court of Chancery |
English Reports Citation: 25 E.R. 1150
HIGH COURT OF CHANCERY
[686] sanders v. sanders :-mary sanders, Plaintiff (1) and thomas sanders and Others, Defendants. Cross cause: thomas sanders, Plaintiff; and mary sanders and Others, Defendants. July 9th, 1739. J. S. devises certain estates to trustees upon trust for his grandson, John Sanders, for life, with remainder to his first and other sons in tail male, with like remainders to his grandson, Thomas Sanders, and he declared that as his grandsons should come to be in possession of the estates, they might make a jointure for his or their wives respectively, not exceeding 100 per annum for every 1000, and he directed his personal estate to be applied by his executors in purchasing lands to be settled to the same uses as his real estate. John Sanders, the grandson, enters on the estate upon the death of his grandfather, and by articles covenants that his wife shall have as her jointure certain specified parts of the estates, amounting in the whole to 320 per annum, in consideration of 3200 for marriage portion, 3000 of which her mother covenants to pay to John Sanders, in addition to the 200 he had already received, with interest in the mean time, with a power of revocation to John Sanders and Jane Bailey. John Sanders dies, having in his lifetime received 1700 in part payment of the portion, and having purchased certain real estate : held, that the power of giving the jointure of 320 per annum, was well executed by way of covenant or agreement (so Coventry v. Coventry, 2 P. Wms. 222. Francis's Maxims, last case, Gilb. Eq. Rep. 160. Alford v. Alford, cited in 2 P. Wms. 230; and see Saint Paul v. Lord Dudley and Ward, 15 Ves. 172); but that the deficiency in value, the estates on jointure not amounting to the 320 per annum, was not to be made good against the remainder man ; and that the purchase of the real estate could not be considered as a purchase in performance of the trust, there being no proof that the purchase was made out of the personal estate of the grandfather, or in performance of the trust. John Sanders, by his will of the 5th November 1727, gave certain lands and hereditaments to trustees and their heirs, upon trust that they should receive the rents and profits thereof for four years, for levying and raising 1500 for portions to be divided amongst his three youngest grandchildren, share and share alike, at the age of twenty-one years, and after raising and payment of the said 1500, subject to certain annual payments therein mentioned, in trust for his grandson, John Sanders, WEST T. HARD. 687. SANDERS V. SANDERS 1151 for his life, and after his death in trust for his first and other sons successively [687] in tail male ; and for want of such issue, in trust for his grandson, Thomas Sanders, for life, with remainder to his first and other sons, in like manner, successively, in tail male ; and it was provided and declared, that the testator's will and meaning was, that his said grandsons, and their heirs, as they should respectively come to be in the actual . possession of the said premises, or any part thereof, by virtue of the limitations therein contained, might make a jointure or jointures, for his or their wives respectively, not exceeding 100 per ann. for every 1000, and so proportionably for every greater or less sum ; and he ordered that his ready money, and...
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