De Visme, a Person of Unsound Mind; and The Trustee Act, 1850
| Jurisdiction | England & Wales |
| Judgment Date | 04 December 1863 |
| Date | 04 December 1863 |
| Court | High Court of Chancery |
English Reports Citation: 46 E.R. 280
BEFORE THE LORDS JUSTICES.
S. C. 12 W. R. 140. See Sayre v. Hughes, 1868, L. R. 5 Eq. 381; Crow v. Pettingill, 1869, 38 L. J. Ch. 193; Bennet v. Bennet, 1879, 10 Ch. D. 478.
[17] In the Matter of de visme, a Person of Unsound Mind; and In the Matter of the trustee act, 1850. Before the Lords Justices. Dec 4, 1863. [S. C. 12 W. R. 140. See Say-re v. Hughes, 1868, L. R. 5 Eq. 381 ; Crow v. Pettmgill, 1869, 38 L. J. Ch. 193; Sennet v. Bennet, 1879, 10 Ch. D. 478.] A married woman, living separate from her husband, invested in the names of her son and daughter moneys arising from savings of her separate estate. The mother died appointing her daughter her executrix. The son having become lunatic, a transfer to the daughter as executrix was ordered on petition without a bill. This was a petition by the sister of a lunatic, asking a transfer to herself, as executrix of her mother, of a sum of stock standing in the joint names of herself and the lunatic. Tha mother of the Petitioner was a lady entitled to separate estate, the savings of which she had invested in the purchase of stock in the joint names of her son and daughter. She was separated from her husband at the time when the investments were made, and the object of making them in the names of her son and daughter was alleged by the Petitioner to be the securing the funds from the control of her husband. JDEQ. J. ft 8.18. JOHNSON V. WYATT 281 The...
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Re Estate of Chong Siew Kum, deceased
...does not arise as between a mother and her son or daughter: In the matter of De Visme, a Person of Unsound Mind (1863) 2 De G J & S 17; 46 ER 280; Bennet v Bennet (1876) 10 Ch D 474. However, the authorities are not unanimous. The authors of Parker and Mellows: The Modern Law of Trusts (Swe......
-
Re Estate of Chong Siew Kum, deceased
...does not arise as between a mother and her son or daughter: In the matter of De Visme, a Person of Unsound Mind (1863) 2 De G J & S 17; 46 ER 280; Bennet v Bennet (1876) 10 Ch D 474. However, the authorities are not unanimous. The authors of Parker and Mellows: The Modern Law of Trusts (Swe......