Villers v Beaumont and Al'

JurisdictionEngland & Wales
Judgment Date22 November 1682
Date22 November 1682
CourtHigh Court of Chancery

English Reports Citation: 23 E.R. 342

IN COURT, LORD CHANCELLOR.

Villers
and
Beaumont and Al'

See cases collected in note to Ward v. Audland, 1845, 8 Beav. 213.

Case 87.-villers versus beaumont and Al'. [See cases collected in note to Ward v. Audland, 1845, 8 Beav. 213.] 22 Novembris [1682]. In Court, Lord Chancellor. [1] Eq. Ca. Ab. 23, pi. 2, S. C. Voluntary settlement without power of revocation shall bind the party, and shall not be defeated by a subsequent will. (So though charged by the will with payment of debts, Bale v. Newton, post, p. 464.) The case upon the pleadings appeared to be thus, viz. The Lady Ann Beaumont took a lease from an hospital in Leicester for three lives in trustees names, in trust for her and her heirs. She dies, and this lease comes to one William Beaumont, who a little before his death, by a little scrap of paper, at an ale-house, but under hand and seal, settles this term (in which he had then only a trust) upon the plaintiffs, [101 ] his cousins, to the intent to pay his debts, and gave the surplus to them. (This is stated to have been a deed signed, sealed, and executed by William Beaumont, and purporting to bear date five months before the date of his will, whereby he granted and assigned the estate in question to the plaintiff Villers, for payment of his and his mother's debts, but to permit him to hold the same for his life, R. L.) After this, he being dissatisfied with this settlement, which he had delivered out of his hands to a creditor, makes his will in writing, and thereby devises this term, subject also to the payment of his debts, to his half brother the defendant the Lord Beaumont, in whose family this lease had for a long time been: and the question was, whether the deed or will should prevail. On behalf of the defendant it was insisted, that the manner of obtaining this deed carried with it badges of fraud and circumvention, or of a surprise at least; Mr. Beaumont declaring as much, presently after the executing of it: and it was further insisted, that a man had a power over such a voluntary settlement, for which was cited the Lord Ormond's case, as an authority in point. But it was answered, that all latter resolutions had been contrary to the opinion in that case, and instanced particularly in the case of Crump and Bowater and the latter case of Curtis and Hatcher, concerning Mrs. Leviston's estate; where it was resolved, that a second deed should not prevail against the former; much less a will.(l)...

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1 cases
  • Beckles v Springer
    • Barbados
    • Court of Appeal (Barbados)
    • 13 April 1992
    ...interest and the plaintiff is entitled to the relief sought. 28 The words of the Lord Chancellor in Villers v. Beaumont et al 1 Vern. 100; 23 E.R. 342 are relevant to this issue: “If a man will improvidently bind himself up by a voluntary deed, and not reserve an liberty to himself by a pow......

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