Sharp v Leach
| Jurisdiction | England & Wales |
| Judgment Date | 04 July 1862 |
| Date | 04 July 1862 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 1229
ROLLS COURT
S. C. 7 L. T. 146; 8 Jur. (N. S.) 1026; 10 W. R. 878.
31BEAV. 491. SHARP V. LEACH 1229 [491] sharp v. leach. July 2, 4, 1862. [S. C. 7 L. T. 146; 8 Jur. (N. S.) 1026; 10 W. R. 878.] A purchase of a reversionary interest by a brother from a sister at an undervalue set aside twenty years after the purchase and ten years and a half after the reversionary interest fell into possession, the influence of the brother continuing until a year before bill filed. A voluntary settlement, made by a sister on her brother and his family, subject to a limitation to her for life, with remainder to her issue, set aside, on the ground that the brother, on whom the burthen was cast, had not proved the necessary requisites to support it. The object of this suit was, first, to set aside a purchase made in 1842, of a reversionary interest, and secondly, to set aside a voluntary settlement made in 1855. In 1840 the Plaintiff Mrs. Sharp (then Elizabeth A. Leach) was entitled in remainder, after the death without issue of Ann Leach (aged about sixty-eight), to one-third of a legacy of 1000. By an indenture, dated the 26th of May 1842, the Plaintiff assigned this interest to her brother, the Defendant Robert V. Leach, in consideration of an annuity of 8, payable to her for life, and secured by his covenant and a warrant of attorney to confess judgment. Ann Leach, the tenant for life, died in 1851, and the legacy was thereupon paid to the Defendant Robert V. Leach, and he and the Plaintiff executed a release to the trustees, who paid it over, and which contained a recital of the purchase. Subsequently to this, Ann Leach, being of the age of forty-six, executed the following voluntary settlement in favor of her brother and his family. By an indenture^ dated the 19th of June 1855, and made between Elizabeth A. Leach of the one part and the Defendant Robert V. Leach and Mr. Randle of the other part, reciting that she " was desirous and had agreed to determine and settle " the property in question " for the benefit of herself and her brother [492] Robert V. Leach, their and his children, in the manner thereinafter expressed, it tvas witnessed, that for effectuating such desire, and in consideration of the natural love and affection which she had and towards her brother and his children," and for a nominal consideration, she assigned to Robert V. Leach and Mr. Randle 1200 stock of the Midland Railway Company, six bonds of 1000 dollars each in the New York and Erie Sinking Fund, a Government annuity of 50, payable during the life of Miss Leach, and the above life annuity of 8, upon trust, to pay the annual proceeds to her Elizabeth A. Leach during her life, for her own and personal use and support, and independently of any husband with whom she might intermarry; and from and after her decease, then upon trust to pay, &c., the said personal estate unto and equally between the issue of Elizabeth A. Leach or to the children of such issue (such children to take the parent's share only), in equal shares or proportions ; but in case the Plaintiff Elizabeth A. Leach should die without issue, or in case all such issue should die under the age of twenty-one years without leaving a child or children, then upon trust to pay, &c., the same unto her brother Robert V. Leach ; but iu case Robert V. Leach should not survive Elizabeth A. Leach and her issue, aa aforesaid, then upon trust to pay, &c., the same unto and equally between the children of Robert V. Leach who should be living at the decease of Elizabeth A. Leach, in equal shares and proportions, or to the issue of any such children who should die in the meantime (such issue to take the parent's share only), in equal shares and proportions. In April 1860 the Plaintiff married Mr. Sharp, and the annuity of 8 was duly paid down to May 1860. This bill was filed in February 1861 by Mr. and Mrs. [493] Sharp to set aside both the sale of the reversionary interest and also the voluntary settlement of 1S55. The other material facts are stated in the judgment, and to avoid repetition are here omitted. 1230 SHARP V. LEACH 31 BEAV. 494. Mr. Follett and Mr. T. A. Koberts, for the Plaintiff. Mr. Selwyn arid Mr. Hardy, for the Defendant Leach. Mr. Baggallay, for the children of Mr. Leach. Mr. Langhorne, for Mr. and Mrs. Willets. Foxier v. Roberts (29 Beav. 467); Jones v. EicMts (31 Beav. 130); Perfect v. Lane (30 Beav. 197), were cited; and see Hoghton v. Hoghton (15 Beav. 278), and Codke v. Lamoite (Ibid. 234). July 4. the master of the rolls [Sir John Romilly]. This is a suit by a sister against her brother, complaining of two matters: first, the purchase of a reversion of a legacy in which she was interested for an inadequate sum of money ; and, secondly, of the execution of a voluntary deed on the 19th of June 1855, by which the brother gained advantage. It will be convenient to consider the second case first. The deed was executed on the 19th of June 1855, and...
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