Vincent v The Bishop of Sodor and Man and Others
| Jurisdiction | England & Wales |
| Judgment Date | 08 July 1850 |
| Date | 08 July 1850 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 300
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 19 L J Ex 366 in Equity, 4 De G & Sim 294, 30 L J. Ch 483, 13 Jur 365
[683Q vincent v the bishop of Soncm and ma.n and others July 8, 18.10 - By deed, certain estates were settled to the use of such person or persons, in such parts, shaies, and proportions, mannei, and form, and for such ends, intents, and purposes, and under and subject to such powers, pioxrsoes, and limitations as S S should, by deed, as therenr mentioned, or by her last \vill and testament, or any writing purporting to be or in the nature of a last will and testament, to be by her signed arrd published in the presence of and Lttested by two or moie credible witnesses, and which she was thereby authorised to make and execute, direct or appoint-& S , bv her will, dated in 1820 (in which year the testatrix died), devised the estate to ceitam peiaons, and appointed executors, and signed and sealed her said will The attestation clause was as follows - "Signed and sealed in the presence of H O , of &c , and M E , of tae "-Held, that, as sealing the will in the presence of two witnesses amounted to a publication of it, the attestation sufficiently expressed that the will was published, and that the publication was attested as required by the power, and, theiefoie, that the power was well executed [S C 19 L J Ex 366 in Equity, 4 De G & Sm 294, 20 L J Ch 433, IT) Jur 365 ] This was a special case sent foi the opinion of this Conit by Vice-Chancellor Wijfram Prior to aitcl in contemplation of the mainage then intended and soon afterwards solemnized between the Itev John Ireland, clerk, aftei wards Dean of Westminster, deceased, and Susanna Short, spinster, also deceased, by indentures 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 cieation to the lessee, his execntois, administrators, and assigns, was conveyed to the tiustees of the said settlement, then executots, administrators, and assigns, to certain uses 111 favoui of the said John Ireland and Susanna Short, and then issue, whfch have since faded, and after the determination thereof, to the uses following, that is to say, "to the use of such person 01 persons, in such parts, shares and proportions, manner and form, and foi such ends, intents and purposes, and under aiicj subject to such powers, provisoes, and limitations, as the said Susanna Short shall, at any lime or times, during and notwithstanding hei intended cover tine, by any deed or deeds, writing 01 writings, with or without powei of tevocatron, to be by hei'' sealed and delivered in the presence of and attested by two rn more credible witnesses, or by her last will and testament in writing, or any writing purporting to be or in the nature of her last will and testament, to bo by hoi signed and published in the presence of and attested by the like number of witnesses, and \\hich cle^d or deeda and will she [684] is hereby authorised to make and execute notwithstanding her said intended coverture, dnect 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 othei use and intfent or purpose whatsoever " The said Susanna, Iieland (foimeily Susanna Short) made and executed her lost wi 1 and testament in writing, or appointment in writing in the nature of a will, da ed February 17, 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 wi 1 named, and she appointed her executors, and concluded her said will, in the words an(l figures and form following, that is to say -"I appoint for executois of this my SEX 685 V[NCENT (' THK P.ISHOP OF SOL1OK AND MAN 301 will the Rev Thomas Vowler Short, the Kev William Short (my two nephews), and Kalph Bat ires, Esq , attorney-at-lau, executoi " susanna irb.i and(L S ) "Februaiy 17, 1826 "Signed and .sealed in the presence of Humpluey Prichett, Apothecary, U Great Queen Street, Westminster, Mary Eame.s, housekeeper to Mis Ireland " The said Susanna departed tins Irfe on the 1st of November, 18J6, and in the lifetime of her said husband, without having altered or ievoked hei said will, winch has been iluly proved, pursuant to an Order of her Majesty in Council, made on the 4th of March, 1847, confirming a report of the Judicial Committee of the Fiivy Conruil in a Ctiae of appaal fiotn a sentence of the Preiogatrve Court of the Archbishop of Canterbury The said John Ireland has also departed thrs life In tins suit, whi h is depending in the Court of Chancery, between the executors of the said John It eland and executors of the said Susanna Ireland, arrd other persons urterested in their respective estates, it has become necessary to determine whether the sard vvrll of [685] the said Susanna Ireland is a valid exercise of the power of appointment of the said estate, which was so given 01 limited to hei by the said release and settlement of the ySth of January, 1794...
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Vincent v The Bishop of Sodor and Man and Others
...Citation: 64 E.R. 839 HIGH COURT OF CHANCERY Vincent and The Bishop of Sodor and Man 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 settleme......
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Sir John Morris, Bart, and Lockwood v The Rhydydefed Colliery Company
...Hawkins v. Kemp (3 East, 410) shew that a power must be stuctly pursued. [Williams, J., refened to Vincent v. The Bishop of SWo/ and Man (5 Exch. 683)] It will be argued that the lease is void for the excess only , but though a Couit of equity might lemodel the lease, at law it is altogethe......