Steedman v Poole
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1947 |
| Date | 31 May 1947 |
| Court | High Court of Chancery |
English Reports Citation: 67 E.R. 1136
HIGH COURT OF CHANCERY
S. C. 16 L. J. Ch. 348; 11 Jur. 449. See King v. Lucas, 1883, 23 Ch. D. 717; Harrison v. Harrison, 1888, 13 P. D. 186.
[193] steedman v. poole.. May 31, 1847. [S. C. 16 L. J. Ch. 348; 11 Jur. 449. See King v. Lucas, 1883, 23 Ch. D. 717; Harrison v. Harrison., 1888, 13 P. D. 186.] Bequest of leaseholds to a married woman " for her whole and sole use during her life, free from the control of any future husband, and not to be sold or mortgaged, and after her decease to her heir or heirs, and provided her child or children should die before her, then that she may, at her decease, leave them to whom she will for the remainder of the term." The husband and wife demised the premises to a purchaser, and the purchaser demised them to another. The wife then filed her bill to have the under-lease set aside. Held, that the gift was to the separate use of the wife, as well during the present as during a future coverture; that the uuder-lessees from the purchaser must be treated as having notice of the wife's interest; and that the under-lease to the purchaser should be set aside, but without costs. Two leasehold houses, held for a long term at a ground-rent of £10 per annum, were bequeathed to the Plaintiff, Mary Ann Steedman, the wife of Thomas Steedman, the daughter of the testator, "for her whole and sole use, during her natural life, free from the control of any future husband, and not to be sold or mortgaged, and after her decease to her heir or heirs; and if her child or children should die before her, then she may leave them at her decease to whom she will for the remainder of the term. The Plaintiff deposited the lease with the Defendant, Poole, by way of equitable mortgage, to secure the repayment of monies advanced by him to Thomas Steedman; 6 HAKE, 194. HUGHES V. CLERK 1137 and afterwards, in March 1840, the Plaintiff and her husband made an under-lease of the premises to Poole, for a term of twenty-six years, which was expressed to be in consideration of the expense incurred, and to be incurred, by Poole in the repairs and improvement of the premises, and the ground-rent and covenants in the original lease to be paid and performed by him, and of the sum of £323 then paid by Poole to the Plaintiff and her husband. Subsequently, Poole demised the premises to Edney as a security for an annuity payable to him by Poole, and afterwards Poole demised the same premises to...
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Re Taylor, Deceased. Shaw v Shaw
......This preserved the interest of both the plaintiff and the next-of-kin. Steedman v. Poole (1) is a case in point, and is in my favour. A. direction that there may be no sale or mortgage of property devised during the life of the ......