T. G. Phillpotts v J. Phillpotts and F. R Phillpotts, Executor and Executrix of T. G. Phillpotts, Deceased
| Jurisdiction | England & Wales |
| Judgment Date | 23 November 1850 |
| Date | 23 November 1850 |
| Court | Court of Common Pleas |
English Reports Citation: 138 E.R. 35
IN THE COURT OF COMMON PLEAS
S. C. 20 L. J. C. P. 11. Referred to, Badische Anilin und Soda Fabrik v. Hickson, [1906] A. C. 427.
[85] T. G-. phillpotts v. J. phillpotts and F. E. phillpotts, Executor and Executrix of T. G. Phillpotts, Deceased. Nov. 23, 1850. [S. C. 20 L. J. 0. P. 11. Eeferred to, Badische Anilin und Soda Fabrik v. Hickson, [1906] A. C. 427.] In covenant upon an annuity-deed,-Held that the defendants (executors) were estopped from pleading that the deed was made fraudulently and collusively between the testator and the plaintiff, for the purpose of multiplying voices, and subject to a secret trust and condition that no estate or interest should pass beneficially to the plaintiff by the indenture.-Under the statutes 7 & 8 W. 3, c. 25, s. 7, and 10 Ann. c. 23, s. 1, a fraudulent conveyance made for the mere purpose of conferring a vote, is void only to the extent of preventing the right of voting from being acquired, but is valid and effectual, as between the parties, to pass the interest. This was an action of covenant brought by the plaintiff against the defendants, executor and executrix of the last will and testament of T. G. Phillpotts, deceased, for arrears of four several annuities granted by an indenture dated the 29th of January, 1841, by the testator to the plaintiff. The indenture as set out on oyer by the defendants, was as follows :-This indenture, made the 29th of January, 1841, between Thomas Griffin Phillpotts the elder, of the town of Monmouth, in the county of Monmouth, Esq., of the one part, and Thomas Griffin Phillpotts the younger, of the town of Newport, in the county of Monmouth, gentleman (eldest son of the said T. G. Phillpotts the elder), of the other part,-witnesseth, that the said T. G. Phillpotts the elder, for and in consideration of the natural love and affection which he hath and beareth to his son, the said T. G. Phillpotts the younger, also in consideration of the sum of 5s. of lawful money of Great Britain to the said T. G. Phillpotts the elder in hand well and truly paid by the said T. G. Phillpotts the younger, at or before the execution of these presents,- the receipt whereof is hereby acknowledged,-hath given, granted, and confirmed, and by these presents doth give, grant, and confirm unto the said T. G. Phillpotts the younger, one annuity or clear yearly rent-charge or sum of 31. of lawful money of [86] Great Britain, to be charged and chargeable upon, and issuing and payable out of all that messuage, smith's shop, garden and orchard, lands, hereditaments, and premises, with the appurtenances, and situate, lying, and being in the parish of Dingeston, in the county of Monmouth, and for many years past in the occupation of Isaac Pritchard, as tenant thereof; to have, hold, receive, and take the said annuity or clear yearly rent-charge or sum of 31. unto and by the said T. G. Phillpotts the younger, and his assigns, for and during the term of the natural life of him the said T. G. Phillpotts the younger,-the said annuity to be paid and payable by two half-yearly payments, on the 24th of June, and the 25th of December in every year, without any deduction out of the same, or any part thereof; the first payment of the said annuity or clear yearly rent-charge or sum of 31. to be made on the 24th of June next ensuing the date of these presents, if the said T. G. Phillpotts the younger shall then be living: And this indenture further witnesseth that the said T. G. Phillpotts the elder, for the consideration aforesaid, and also in consideration of a further sum of 5s. of lawful money of Great Britain to him in hand well and truly paid by the said T. G. Phillpotts the younger, at or before the execution of these presents,-the receipt whereof is hereby acknowledged,-hath given, granted, and confirmed, and by these presents doth give, grant, and confirm unto the said T. G. Phillpotts the younger, one other annuity or clear yearly rent-charge or sum of 31. of like lawful 36 PHILLPOTTS V. PHILLPOTTS 10 C. B. 87. money of Great Britain, to be charged and chargeable upon, and issuing and payable out of all that messuage, tenement, or dwelling-house, and buildings, garden, and premises, with the appurtenances, situate, lying, and being on the right-hand side of the road leading from Whitchurch to the Washings and the river Wye, in the parish of Whitchurch, in the county [87] of Hereford, now and for many years past in the occupation of William James, as tenant thereof, and out of and upon their and every of their appurtenances; to have, hold, receive, and take the said annuity or clear yearly rent-charge or sum of 31. unto and by the said T. G. Phillpotts the younger, and his assigns, for and during the term of the natural life of him the said T. G. Phillpotts the younger,-the said annuity or clear yearly rent-charge to be paid and payable, by two even half-yearly payments, on the 24th of June and the 25th of December, in every year, without any deduction out of the same, or any part thereof, -the first payment of the said annuity or clear yearly rent-charge or sum of 31. to be made on the 24th of June next ensuing the date of these presents, if the said T. G. Phillpotts the younger shall then be living: And this indenture also further witnesseth that the said T. G. Phillpotts the elder, for the consideration aforesaid, and also in consideration of the further sum of 5s. of like lawful money of Great Britain to him in hand well and truly paid by the said T. G. Phillpotts the younger, at or before the execution of these presents,-the receipt whereof is hereby acknowledged,-hath given, granted, and confirmed, and by these presents doth give, grant, and confirm unto the said T. G. Phillpotts the younger, one other annuity or yearly rent-charge or sum of 31. of like lawful money of Great Britain, to be charged and chargeable upon, and issuing and payable out of, all those the great and small tithes of the parish of Llanthew, in the county of Brecon; and also out of the glebe land thereto belonging and appertaining, and situate, lying, and being in the parish of Llanthew aforesaid,-to have, hold, receive, and take the said annuity or clear yearly rent-charge or sum of 31. unto and by the said T. G. Phillpotts the younger, and his assigns, for and during the lives of the said T. G. Phill-[88]-potts the elder, Ann Stokes, of Hen Castle, in the county of Pembroke, widow of the late Thomas Stokes, and Francis Collins, of Swansea, in the county of Glamorgan, and the lives and life of the survivor or survivors of them; the said annuity or clear yearly rent-charge to be paid and payable, by two equal half-yearly payments, on the 24th of June and the 25th of December, in every...
To continue reading
Request your trial
-
Doody v Nolan
...C., MAY, C. J., CHRISTIAN, and DEASY, LL.J. DOODY AND ANOTHER and NOLAN Roberts v. RobertsENR 2 B. & Ad. 367. Philpotts v. PhilpottsENR 10 C. B. 85. Pitt v. ChappelowENR 8 M. & W. 624. Hayne v. MaltbyENR 3 T. R. 438. Donoughmore v. ForrestUNK Ir. R. 5 C. L. 443. Tobin v. ClearyUNK Ir. R. 7 ......
-
Strydom v Die Land - en Landboubank van Suid-Afrika
...Messenger of Magistrate's Court v Pillay, 1952 (3) SA te bl. 683 - 4; In re Brall, (1893) 2 Q.B. 381; Phillpots v Phillpots and Phillpots, 138 E.R. 35. Die gevolgtrekking dat die verkoping wat die eienaar van die grond betref nietig of vernietigbaar was, lei derhalwe F hoegenaamd nie tot di......
-
Bateman v Green and King
...Oƒ€™HAGAN, and MORRIS, JJ., and FITZGERALD AND DEASY, BB. BATEMAN and GREEN AND KING Ante, p. 166. Philpotts v. PhlpottsENR10 C. B. 85. Jones v. Yates9 B. & Cr. 532. Robinson v. Mƒ€™DonnellENR2 B. & Ald. 134. Hawes v. LeaderENRCro. Jac. 271, 272. Bessey v. Wi......
- Au Phin Yean; Kan Tak Fee and Others