Sluysken v Hunter

JurisdictionEngland & Wales
Judgment Date08 December 1815
Date08 December 1815
CourtHigh Court of Chancery

English Reports Citation: 35 E.R. 592

HIGH COURT OF CHANCERY

Sluysken
and
Hunter

sluyskex v. hunter, Rolls. Dec. 8th, 1815. Deed-poll, found cancelled among the papers of the grantor, after his decease, decreed, under the circumstances, to be enforced. In the month of July 1777, John Hunter (being then resident at Bombay, carrying on the business of a merchant in partnership with Stephen Iveson and David Fell under the firm of Hunter, Fell, and Iveson), executed a deed poll, whereby he gave to the Plaintiff, Susannah Sluysken, widow (then Susanna Basset, spinster, also resident at Bombay), " the sum of 6575J rupees ; the interest whereof, at the rate of 9 per cent., amounting to.600 rupees annually, was to be paid to Plaintiff yearly and every year during her natural life, from the 2nd of September then last; and, at the decease of the Plaintiff, the same was to revert to him the said John Hunter or his heirs, unless Plaintiff should die leaving a child or children lawfully begotten ; and, in that case, the said 6575J rupees should devolve to such child or children, and should be divided equally between them share and share alike ; and the said sum was thereby made chargeable upon the estate of the said John Hunter, and payable by his heirs executors administrators and assigns ; and he appointed the said Iveson and Fell trustees to see his donation faithfully fulfilled." Upon the execution of this instrument, it was delivered by the grantor to his said partners and trustees, [41] who paid the interest, as the same became due, to the Plaintiff, till the departure of Fell from Bombay, and the death of Iveson ; after which, the deed was delivered, for safe custody, to one Farmer, an agent of the Partnership, who gave the Plaintiff a receipt for the same, and continued to pay the interest to the month of July 1795, previous to which, the Plaintiff, being then a married woman, had left the East Indies, and come to reside with her husband in Holland. The bill alleged that no further payments had been made on account thereof since the time of her departure. In 1796, the grantor, John Hunter, left the East Indies, and came to reside in London ; and, in 1799, Plaintiff and her husband applied to him for payment of the arrears then due, in answer to which application he sent to the husband a letter, dated the 15th of February in that year, containing these words : " I wish to pay you to this period ; and I wish, with your consent, to invest the principal sum in the funds of this country ; and you may then, twice in a year, receive...

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1 cases
  • Attorney General v Sherborne Grammar School
    • United Kingdom
    • High Court of Chancery
    • 1 January 1854
    ...young men in grammar, to continue for ever, [257] consisting of one master and one sub-master, v. Mills, 6 East, 148 ; Sluysken v. Hunter, 1 Mer. 40 ; Shep. Touch. 69 ; 4 Comyns,' Dig. (5th edit.) 281, note (y) ; 4 Cruise (4th edit.). 408 ; 15 Viner's Ab. (2d edit.) 53. 102 ATTORNEY-GENERAL......

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