The Trusts of the Will of Mary Coombe
| Jurisdiction | England & Wales |
| Judgment Date | 30 June 1859 |
| Date | 30 June 1859 |
| Court | High Court of Chancery |
English Reports Citation: 65 E.R. 838
HIGH COURT OF CHANCERY
Approved, In re Bright's Settlement, 1880, 13 Ch. D. 413.
838 IN RE THE TRUSTS OP THE WILL OP MARY COOMBE 1 GIFF.91. [91] In the Matter of the trusts of the will of maky coombe. June 30, 1859. [Approved, In re Brighfs Settlement, 1880, 13 Ch. D. 413.] After the appointment of assignees in bankruptcy under the Act of 1849 an assignment for value by the bankrupt of a reversionary interest cannot prevail against the right of the assignees in bankruptcy. Mary Coombe, by her will, dated the 30th May 1840, gave to Messrs. Eobert and John Abbott all her monies and securities, upon trust, in the first place, to pay her just debts and funeral expenses, and then on trust to permit her beloved niece, Mary Sanders, to have the use of all her furniture for her life, and to permit her to receive the dividends for her natural life to her separate use; and, after her decease, on trust to apply the dividends and income for the maintenance of her children, and upon trust, when and so soon as the youngest child of Mary Sanders should attain 21, to divide the said estate and effects among such of the children as should be then living. The will was proved on the 30th March 1841 by both executors. Mary Sanders, the niece, died on the 1st May 1851, leaving four children, Daniel Coombe Sanders, the eldest, and Eobert Sanders, the youngest, who. attained 21 on the 1st of May 1858. Daniel Coombe Sanders, who was in partnership with one Grove, in November 1852 became bankrupt, and assignees were immediately afterwards appointed of his estate; his partner obtained a second class certificate, but he remained out of the jurisdiction. On the 6th May 1853 Daniel Coombe Sanders, in consideration of £95, assigned his reversionary interest in the fund to the Scottish Amicable Life Assurance Company. Prior to the assignment the society inquired of the trustees if they had received notice of any assignment, to which the trustees replied in the negative. [92] On the fund becoming divisible the assignees in bankruptcy of Daniel Coombe Sanders claimed the fund, and, the society having also preferred a claim, John Abbott, the surviving trustee, paid the fund into Court under the Trustee Relief Act. On the 17th of May 1859 the society took out a summons for payment of the money to them, which was adjourned into Court. A notice of motion was also served to the same...
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...Bright's SettlementELR 13 Ch. D. 413. In re Clarke: Ex parte BeardmoreELR [1894] 2 Q. B. 393. In the Trusts of the Will of Mary CoombeENR 1 Giff. 91. Jameson v. The Brick and Stone Co., LimitedELR 4 Q. B. D. 208. Kitchen v. BartschENR 7 East, at p. 61. Kitchen v. BartschENR 7 East. 53. Kits......