Vaughan v Buck
| Jurisdiction | England & Wales |
| Judgment Date | 15 April 1851 |
| Date | 15 April 1851 |
| Court | High Court of Chancery |
English Reports Citation: 61 E.R. 110
HIGH COURT OF CHANCERY
S. C. 20 L. J, Ch. 335; 15 Jur. 348.
Feme Coverte
[284] vaughan v. buck. Feb. 21, April 15, 1851. [S. 0. 20 L. J, Ch. 335; 15 Jur. 348.] Feme Coverte. The dividends of stock standing in the Accountant-General's name, to which a woman was entitled for life at the time of her marriage, were ordered to be paid to her husband during her life or until further order. Some time afterwards the husband deserted his wife and became bankrupt, having previously possessed himself of £2000, to which she was absolutely entitled. The Court ordered two-thirds of the dividends to be paid to the wife, and the other third to the husband's assignees. This was a suit for the administration of the estate of a testator who died in 1838, leaving a widow, to whom he had bequeathed his residuary estate for her life, and who, in 1839, married James Wm. Buck. By an order, made on the 22d of April 1843, on the hearing of the cause for further directions and of two petitions, one presented by Mr. Buck and the other by his wife, the dividends of certain sums of stock, which constituted the testator's residuary estate and were then standing in the name of the Accountant-General in trust in the cause, were ordered to be paid to Mr. Buck for the life of his wife or until further order. (See Vaughan v. Buck, 13 Sim. 404.) In June 1850 Mr. [285] Buck became bankrupt. In July following Mrs. Buck presented a petition stating that fact, and that, for some time past, her husband had ceased to live with her, and had not contributed anything towards her maintenance or support: that she was in very distressed circumstances, and wholly dependent, on the voluntary contributions of her relations and friends for her daily maintenance and support: and that the dividends of the sums of stock standing in the name of the Accountant-General in trust in the cause amounted to £270 per annum. The petition prayed that the Accountant-General might be directed to pay the dividends to the Petitioner for her separate use during her life or until further order. The affidavit in support of the petition stated, amongst other things, that Mr. Buck had possessed himself of £2000 stock, to which the Petitioner was absolutely entitled; and that he had never 1 SIM.(N.S.) 286. WILSON V. WILSON 111 made any settlement on her. Mr. Buck's assignees presented a cross-petition praying that the dividends of the stock standing in the...
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