Vincent v The Bishop of Sodor and Man and Others
| Jurisdiction | England & Wales |
| Judgment Date | 27 March 1851 |
| Date | 27 March 1851 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 839
HIGH COURT OF CHANCERY
S. C. 20 L. J. Ch. 433; 15 Jur. 365; and at law, 5 Ex. 683.
[294] vincent v. the bishop of sodor and man. March 27, 1851. [S. C. 20 L. J. Ch. 433; 15 Jur. 365; and at law, 5 Ex. 683.] By a marriage settlement, a freehold estate, held for lives, was limited, after the death of the husband, to the use of such persons as a married lady, notwithstanding coverture, should, by will, " to be by her signed and published in the presence of and attested by" two witnesses, appoint. The lady, by will, devised "the estate comprised in the said settlement," after her husband's death, to certain persons, lands; and the lands to be purchased with such money or produce shall extend to" lands held by copy of court roll, and also to lands of any tenure, in Ireland or elsewhere out of England, where such lands or any of them are within the scope or meaning of the trust or power directing or authorising the purchase." Sect. 77. "It shall be lawful for every married woman, in every ease except that of being tenant in tail, for which provision is already made by this Act, by deed to dispose of lands of any tenure, and money subject to be invested in the purchase of lands, and also to dispose of, release, surrender or extinguish any estate which she alone, or she and her husband in her right, may have in any lands of any tenure, or in any such money as aforesaid, and also to release or extinguish any power which may be vested in or limited or reserved to her in regard to any lands of. any tenure, or any such money as aforesaid, or in regard to any estate in any lands of any tenure, or in any such money as aforesaid, as fully and effectually as she could do if she were a feme sole, save and except that no such disposition, release, surrender or extinguishment, shall be valid and effectual, unless'the husband concur in the deed by which the same shall be effected, nor unless the deed be acknowledged by her, as hereinafter directed." (2) Sect. 6. " A contingent, an executory, and a future interest, and a possibility coupled with an interest, in any tenements or hereditaments of any tenur.e, whether the object of the gift or limitation of such interest or possibility be or be not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent, into or upon any tenements or hereditaments in England, of any tenure, may be disposed of by deed; but that no such disposition shall, by force only of this Act, defeat or enlarge an estate tail; and that every such disposition by a married woman shall be made conformably to the provisions, relative to dispositions by married women, of an Act passed in the third and fourth years of the reign of His late Majesty King William the Fourth, intituled ' An Act for the Abolition of Fines and Eecoveries, and for the Substitution of more Simple Modes of Assurance,' or, in Ireland, of an Act passed in the fourth and fifth years of the reign of His said late Majesty, intituled 'An Act for the Abolition of Fines and Eeepveries, and for the Substitution of more Simple Modes of Assurance, in Ireland.'" 84Q VINCENT, V.KE3HOP OS1 SODOE AMD MAN 4DEG.&SM.295. and signed and sealed the will, which purported to-be "signed and sealed" in the presence of "two witnesses." Held, that a will cannot be made without being published, that it is not necessary to mention the word " published " in the attesta tion, and that the power Was validly executed. . Senible, that Wright v. Wakefield cannot be considered to be in force since Burdett v. Salisbury. The bill in this suit was filed in September 1843 by Mr. George Giles Vincent, as one of the executors of Dr. John Ireland, Dean of Westminster, deceased, against the Bishop of Sodor and Man, as the surviving trustee of the settlement made on the marriage of Dr. Ireland with Miss Susanna Short, and of the fund in question in the cause, and also executor named in the proper writing signed by the late Mrs. Ireland, deceased, and the Eev. William Short (another executor of Dr. Ireland's will), and Ealph Barnes, who were the two executors named in the same paper-writing, and against the several persons, including Mr. William Short, who were interested under the paper-writing. The object of this bill was to obtain the judgment of the Court, whether the paper-writing or will of Mrs. Ireland was valid as an appointment in exercise of the power given her by the marriage settlement. The cause was heard on the 4th of July 1844, before the Vice-Chancellor Sir James Wigram, who then directed the Bishop of Sodor and Man, as the trustee of the fund comprised in the settlement, to receive all arrears of dividends thereon, and pay the fund and the dividends to be received into Court; and that his lordship and the Defendant; Mr. Barnes, two of the executors named in the paper, should be at liberty to take proceedings to prove the same as her will, as they might be advised. Proceedings were accordingly taken-first, in the Prerogative Court, and on appeal before the Judicial Committee of Privy Council, and ultimately the will was admitted to proof, and was proved by the bishop and Mr. Barnes on the 4th of March 1847. The cause was heard on further directions, when, after an argument which occupied two days, the Vice-Chancellor Wigram directed a special case to be stated, and [295] that the opinion of Her Majesty's Court of Common Pleas should be taken thereon. The following is the special case, as it was submitted to the Court of Common Pleas:- Prior to and in contemplation of the marriage then intended, and soon afterwards solemnised between the Eev. John Ireland, clerk, and afterwards Dean of Westminster, deceased, and Susanna Short, spinster, also deceased, by indenture of lease and release and settlement, the release and settlement bearing date the 28th of January 1794, a certain freehold estate, held for certain lives still in existence, and limited in its creation to the lessee, his executors, administrators and assigns, was conveyed to the trustees of the said settlement, their executors, administrators and assigns, to certain uses in favour of the said John Ireland and Susanna Short, and their issue, which have since failed, and, after the determination thereof, to the uses following: that is to say, to the use of such person or persons, in such parts, shares and proportions, manner and form, and for such ends, intents and purposes, and under and subject to such powers, provisoes, and limitations as the said Susanna Short shall, at any time or times during and notwithstanding her intended coverture, by any deed or deeds, writing or writings, with or without power of revocation, to be by her sealed and delivered in the presence of and attested by two or more credible witnesses, or by her last will and testament in writing, or by any writing purporting to be or in the nature of her last will and testament, to be by her signed and published in the presence of and attested by the like number of witnesses, and which deed or deeds and will she is hereby authorised to make and execute, notwithstanding her said intended coverture, direct or appoint; and in default of and subject to such direction or appointment, to the use of the said John Ireland, his executors, administrators and assigns, for their own use and benefit, and to no other [296] use and intent and purpose whatsoever. The said Susanna Ireland, formerly Susanna Short, made.and executed her last will and testament in writing, or appointment in writing in the nature of a will, dated the 17th of February 1826, whereby she devised the said estate comprised in the said settlement after the death of her said husband, to certain of her relations in her said 4DEG.&SM.297. VINCBNT t , BISHOP Of SODOB, AND MAN 841 will named; and she appointed her executors, and concluded her said will in the words and figures and form following:-" I appoint for executors of this my will the Eev. Thomas Vowler...
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