Scott v Tyler
| Jurisdiction | England & Wales |
| Judgment Date | 20 December 1788 |
| Date | 20 December 1788 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 448
LORD THURLOW, C.
Mews' Dig. Condition, 5, d, iv. See M'Leod v. Drummond, 1810-11, 17 Ves. Junr. 166; Vane v. Rigden, 1870, L. R. 5 Ch. 668; Bellairs v. 1874, L. R. 18 Eq. 514. See also S. C. with full notes Wh. & T. L. C. 7th ed. Vol. i. p. 535.
scott v. tyler.* 20 Dec. 1788. Lord Thurlow, C. 2 Bro. C. C. 431, S. C. A condition annexed to a legacy, that the legatee shall marry with the consent of her mother, is a valid condition, and upon.marriage without such consent, it shall go to the mother under a gift of a general residue. This is a bill filed by Samuel Scott and Margaret Christiana his wife, against Elizabeth Tyler, the residuary legatee, and executrix of Richard Kee; George Shakespeare, Charles Maybrew, and Philip Nind, executors and trustees, named in the will of the same Richard Kee ; and Richard Dryer, his heir at law. The bill prays that the plaintiff Margaret Christiana's right may be established in a trust fund of 10,000 South Sea annuities, and that proper accounts may be directed accordingly. That an account may also be taken of the produce of certain tenements, and of certain securities upon the river Lee; and that the same may be duly paid and assigned to her. And that the legacy of 100 given by the will of one James Cockburn may be paid to her. For this purpose the bill states the will of Richard Kee, made on the 16th day of December 1776, whereby he directs his executors to purchase 5000 South Sea annuities, of the year 1751, in their own names, but, in trust, to pay 60 per ann. for the maintenance of Richard Dryer till his age of fifteen, and from thenceforward 120 per ann., with liberty to raise 400 to put him out in some trade or profes-[713]-sion, the surplus profits to be invested in the like annuities, and the whole to be transferred to him at twenty-one; but if he dies in the mean time, the whole is to be thereupon divided between the defendant Elizabeth Tyler and the plaintiff Margaret Christiana ; the share of Margaret Christiana not to be transferred to her till her age of twenty-one ; and if she dies sooner, her share is to go over to Elizabeth. He also directs his executors to purchase the sum of 10,000 in the like annuities, in their own names, in trust, to pay Elizabeth Tyler 100 per ann. for the maintenance of Margaret Christiana, till her age of twenty-one; the surplus to be laid out in the mean time in the like annuities, at her age of twenty-one, if then unmarried, one moiety is to be transferred to Margaret Christiana, for her own use and benefit; and at her age of twenty-five, if then unmarried, the remainder to be transferred in like fcanner. If she marries with the consent of Elizabeth before twenty-one, a moiety of the whole sum is to be settled to her separate use, and for her issue according to the direction of Elizabeth; the other moiety is to be disposed of, as Margaret Christiana shall think fit; if she dies unmarried before her age of twenty-five, the whole is to go over to Elizabeth. * This cause stood for judgment. His Lordship having read his judgment, which was written, gave it to me: The following is correctly copied from it-J. D. DICKENS, 714. SCOTT V. TYLEK 449 He also gives to the same trustees, certain freeholds in Denmark Court in trust, to lay up the rents till Margaret Christiana shall attain twenty-one, whereupon he gives both the estates and their produce to her absolutely ; or if she dies sooner, to Richard Dryer, or if he be then dead, to Elizabeth Tyler. He gives to the same trustees, his securities on the river Lee, in trust, to apply the produce thereof, to [714] the separate use of Margaret Christiana, notwithstanding her coverture, till twenty-one, and thereupon to her absolutely, but if she dies sooner to Elizabeth absolutely. He gives divers other legacies. All the rest of his estate, real and personal, he gives to Elizabeth Tyler absolutely, whom he looks upon as a wife. He died on the 3d of November 1776, leaving Elizabeth surviving, and Margaret Christiana his natural daughter by her. On the 17th May 1783, the plaintiff Samuel Scott, clandestinely and against the will of Elizabeth, married Margaret Christiana, then an infant of eighteen years : Elizabeth objected to it as an improvident match, by reason of his inferior circumstances, his advanced age, and the family which he had by one of his former wives ; and warned her daughter of the consequence. And, as the plaintiff Samuel Scott states, by a deed of 13th May 1783, he has covenanted to settle Margaret Christiana's fortune on her, and her children, after his own death, if she or they should survive him, The bill further states the will of James Cockburn, who died in October 1774, leaving Elizabeth Tyler his executrix, and Margaret Christiana a legatee of 100. All the executors proved Richard Kee's will, Elizabeth Tyler alone acted. Elizabeth Tyler forthwith transferred 5000 South Sea annuities into the names of the trustees, which have been since transferred to Dryer, together with the accumulations, and that legacy has been duly discharged. [715] In August 1777, she transferred 10,000 South Sea annuities, into the names of herself and co-trustees, together with the further sum of 1000 of like annuities, whereof she has constantly received the produce : she received in like manner, the rents of the freehold houses, and the interest of the securities on the river Lee. She admits the legacy of 100 to remain due and that she had assets, but claims a...
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