Stevens v Van Voorst
| Jurisdiction | England & Wales |
| Judgment Date | 12 July 1853 |
| Date | 12 July 1853 |
| Court | High Court of Chancery |
English Reports Citation: 51 E.R. 1051
ROLLS COURT
Distinguished, Dickinson v. Dillwyn, 1869, L. R. 8 Eq. 550. Overruled, In re Edwards, 1873, L. R. 9 Ch. 97.
[305] stevens v. van voorst. July 6, 12, 1853. [Distinguished, Dickinson v. Dillwyn, 1869, L. R. 8 Eq. 550. Overruled, In re Edwards, 1873, L. R. 9 Ch. 97.] A sum of 865 stock, partly belonging to the husband and partly to the wife, was settled (subject to the interests given to the husband, wife and children) as to the husband's part on the husband's executors, and as to the wife's to her next of kin. The settlement contained a covenant, that the after-acquired property of the wife should be settled on like trusts. Held, that the husband and wife's representatives were, under the ultimate limitation, entitled to the wife's after-acquired property in proportion to their interests in the 865. Covenant to settle after-acquired property of the wife held to extend to property acquired after the death of the husband. Upon the marriage of Henry Van Voorst and Sarah B. Stevens in 1807, each, by agreement, laid out the sum of 1000 in the purchase of Bank stock. The husband's produced 433, 5s. 5d. stock, and the wife's produced 431, 14s. 7d. These two sums, amounting together to the sum of 865 Bank stock were, by the settlement, vested in trustees, upon trust for the husband for life, with remainder to the wife for life, with remainder to the children, and if none (which happened), then upon trust, after the death of the survivor, to pay 433, 5s. 5d. stock unto the executors or administrators of the husband, and the sum of 431, 14s. 7d. stock to such persons as the wife should appoint, and in default to her next of kin. And it was thereby agreed and declared, between and by the said parties thereto, and the husband covenanted with the trustees that, in case the said intended marriage should take effect, and any personal estate should, by will, settlement, donation or otherwise howsoever, come to or devolve upon Sarah Bridges Stevens, or the said Henry Van Voorst in her right, they the said Henry Van Voorst and Sarah B. Stevens, and .each of them would, by such deeds, &c., as by the counsel of the said trustees, &c., should be required, assign, &c., all such personal estate unto the trustees, "upon and for such trusts, intents and purposes, and with, under and subject to such powers, provisoes and agreements, as were thereinbe-[306]-fore declared and contained, of and concerning the...
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