Shelley v Westbrooke
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1822 |
| Date | 01 January 1822 |
| Court | High Court of Chancery |
English Reports Citation: 37 E.R. 850
HIGH COURT OF CHANCERY
See In re Agar-Ellis, 1878, 10 Ch. D. 57.
[266] Shelley v. Westbrooke. [See In re Agar-EUis, 1878, 10 Ch. D. 57.] A father's authority over his children controuled on the ground of Ids professing and acting on irreligious and immoral principles. A petition was presented in the name of the infant Plaintiffs, stating the marriage of their father and mother in the year 1811, and that they were the only issue of it; that about three years ago the father deserted his wife, and had since unlawfully cohabited with another woman ; that thereupon the mot her returned to the house of her father with the eldest of the infants, and the other was soon after born ; that they had since that time been maintained by their mother and her father, and that their mother had lately died. It was then stated that the father avowed himself an atheist, and that since his marriage he had written and published a work, in which he blasphemously derided the truth of the Christian revelation, and denied the existence of a God as creator of the universe ; and that since the death of his wife, he had demanded that the children should be delivered up to him, and that he intended, if he could, to get possession of their persons, and educate them as he thought proper. Their maternal grandfather had lately transferred £2000 4 -per cents, into the names of trustees, upon trust for them on their attaining JACOB, 267. LYONS V. BLENKIN 851 twenty-one, or marrying with his consent; and in the mean time to apply the dividends for their maintenance and education. The Lord Chancellor gave his judgment in writing. The editor has been favoured with the following copy by Mr. Shadwell, who was counsel in support of the petition :- " I have read all the papers left with me, and all the cases cited. " With respect to the question of jurisdiction, it is unnecessary for me to add to what I have already stated. After the example of Lord Thurlow, in Orby Hunter's case, I shall act upon the notion that this Court has such jurisdiction, until the House of Lords shall decide that my predecessors have been unwarranted in the exercise of it. " I have carefully looked through the answer of the Defendant, to see whether it affects the representation made in the affidavits filed in support of the petition and in the exhibits referred to, of the principles and conduct in life of the father in this case. I do not perceive that the...
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Hon. Wm. Pole T. Long Wellesley, - Appellant; William Richard A. P. T. L. Wellesley; James Fitzroy H. W. P. T. L. Wellesley, and Victoria Catherine M. P. T. L. Wellesley, Infants, by the Hon. Philip Pusey, their next Friend, - Respondents
...(10 Ves. 52); Whitfield v. Hales (12 Ves. 492); Lyons v. Blenkin (Jac. 245); Lord Westmeath's Case (Jac. 251); Shelley v. Westlrooke (Jac. 266). Mr. Home and Mr. Brougham for appellant. Attorney-General and Mr. Pepys for respondents. (July 4, 1828) Lord Redesdale, (after stating that the ju......
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Meades, Minors
...& Coll. C. C. 68. Lyons v. BlenkinENR Jac. 245. O'Malleys, MinorsUNK 8 Ir. Ch. 291. In re BrowneUNK 2 Ir. Ch. 151. Shelley v. WestbrookeENR Jac. 266, n. Davis v. Davis 10 W. R. 245. Wellesley v. BeaufortENR 2 Russ. 1; S. C. on Appeal, 2 Bl. N. S. 124. Thomas v. Roberts 3 De. G. & Sm. 758. I......
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Gurney v Gurney
...More unsubstantial trusts than this have been supported, as, for instance, in the case of Shelley's children (Shelley v. West-broke, Jac. 266), Alicia Race's case. And in the case of Mr. Hope's children (Hope v. Hope, 22 Beav. 351; S. C. 4 De G. M. & G. 328) a reversionary interest in a sum......
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Catherine Grimes, A Minor
...v. HawksworthELR L. R. 6 Ch. App. 639. In re O'Malleys, minors 8 Ir. Ch. R. 306. Blisset's Case Lofft's Rep. 748. Shelley v. WestbrookeENR Jacob, 266. In re Moore, an infantUNK 11 Ir. C. L. R. 418. Talbot v. Shrewsbury 4M. & Cr. 686. Re Browne, a minor 2 Ir. Ch. R. 151. Shelley v. Westbrook......