Sarah Lucas, only Child of John Lucas, by Mary his first Wife, Plaintiff; Isabella Lucas, Widow of the said John Lucas, and Isabella Lucas an Infant, their Child, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 12 July 1738 |
| Date | 12 July 1738 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 172
HIGH COURT OF CHANCERY
[270] Case 146.-sarah lucas, only Child of john lucas, by mary his first Wife, Plaintiff; isabella lucas, Widow of the said john lucas, and isabella lucas an Infant, their Child, Defendants. July the 12th, 1738. Mary Lucas in her last illness requested of her husband that her wearing apparel, gold watch, pearl necklace, rings, &c., in her possession, and used by her, might be given to her daughter, and put into a friend's hands for her daughter's use, which the husband promised, and, after his wife's death, gave the said things to his daughter, and made an inventory, and locked them in a strong chest, and gave the key to his wife's friend, and sent the things therein to her for his daughter's use. Tho' the husband afterwards took some of the things into his possession again, that is not sufficient to invalidate the gift, which was perfect by the former act. Mary Lucas, in her last illness, requested of John Lucas her husband, that her wearing apparel, gold watch, pearl necklace, rings, ornaments, and several pieces of plate, coins, and other things in her possession, and used by her, might be given to the plaintiff, and put into the hands of Mrs. Dunster (a friend) for the plaintiff's use ; which John Lucas promised, and after her death he gave the said things to the plaintiff, and made an inventory and valuation of the same, to the amount of 187, 8s. 6d., and locked them in a strong chest, and after making three copies of the inventory, put one into the chest, and gave the key with another copy to Mrs. Dunster, and the third to James Lucas his brother, to the intent it might be known what was given : in the presence of several persons he sent the chest, with the things therein, to Mrs. Dunster, for the plaintiff's use, and she accepted the same on the plaintiff's behalf. John Lucas, after his first wife's death, by articles of the 26th of June 1734, between him of the first part, and Holmes and defendant Isabella of the second part, reciting an intended marriage between him and Isabella, and that Holmes had agreed to pay him 2000, and that he had a daughter (the plaintiff) by a former wife ; the said Lucas agrees that if he should die in the life-time of Isabella, and there should be any child between them, or that the...
To continue reading
Request your trial
-
Talbot v Cody
...1 Beav. 605. Gosling v. GoslingENR 3 Drew. 335. Staoketon v. StapletonENR 14 Sim. 186. Howard v. OakesENR 3 Exch. 143. Lucas v. LucasENR 1 Atk. 270. Vandenberg v. PalmerENR 4 K. & J. 204. Mews v. MewsENR 15 Beav. 529. Grant v. GrantENR 34 Beav. 624. Richards v. RichardsENR 2 B. & Ad. 447. W......
-
Grant v Grant
...and to have them delivered up to her by the Defendant. Mr. Hobhouse and Mr. W. W. Karslake, for the [624] Plaintiff, cited Lucas v. Lucas (1 Atk. 270); Northey v. Nwthey (2 Atk. 77); Graham v. Lomlonderry (3 Atk. 393); Mews v. Mews (15 Beav. 529) ; Tipping v. Tipping (1 Peere, W. 729); Jerv......
-
Walter v Hodge
...Court thought that so decisive an act, as amounted to an agreement by the husband that the property should become hers. (Lucas v. Lucas, 1 Atk. 270.) That seetns to oome under the description stated by Lord Alvanley (5 Ves. 79) ; it is an act ; a clear and distinct act, by which the husband......
-
Fitzgibbon v Pike
...v. RowenELR L. R. 4 H. L. 288. Caton v. Rideout 1 M'N. & Gor. 599. Hulme v. Tenant 1 Wh. & T. L. Cas. (5th ed.) 591. Lucas v. LucasENR 1 Atk.270. Graham v. LondonderryENR 3 Atk. 393. Husband and wife Separate estate Savings Gift of chattels to married woman. Tn. VI.] Q. B., C. P., & EX. DIV......