Ward v Arch
| Jurisdiction | England & Wales |
| Judgment Date | 11 February 1842 |
| Date | 11 February 1842 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 1214
HIGH COURT OF CHANCERY
Statute of Limitations. 3 & 4 Will. 4, c. 27. Annuity. Trustee and Cestui que Trust.
tfa-.i. 3r/, [472] ward v. arch. ^6. 11, 1842. Statute of Limitations. 3 & 4 Will. 4, c. 27. Annuity. Trustee and Cestui que Ti-ust. A testator who died in 1795 devised his real estates to trustees to sell, and out of the interests of the proceeds, and out of the rents of the estates until they should be sold, to pay certain annuities. No payment has been made in respect of any of the annuities for more than 20 years before the bill was filed ; but the trustees entered into possession of the estates on the testator's death, and the surviving trustee continued in possession until about eleven years prior to the filing of the bill. Held, that the Plaintiffs right to the annuities was not barred by the Statute of Limitations. Ebenezer Whiting, by his will, dated the 4th of August 1795, gave the residue of his real and personal estate to John Woods and two other persons, their heirs, executors, &c., in trust to sell and invest the proceeds in Government securities, and out of the dividends thereof or the rents of his real estates until the same should be sold, to pay to his wife, Elizabeth Whiting, for her life, an annuity of 300, by quarterly payments, on the days therein mentioned, the first payment to be made on such of those days as should happen next after his death ; and to pay to...
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Knight v Bowyer
...not wholly barred they are confined to six years' arrears, there being no such express trust as was the ground of the decisions in Ward v. Arch (12 Sim. 472), Cox v. Dolman (2 De G. M. & G. 592), Snow v. Booth (2 K. & J. 132). Even if there were an express trust for the Plaintiffs, their ca......
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Francis v Grover
...of the annuity, and in that character liable to account without reference to the statute: Hargreaves v. Michell (6 Madd. 329), Ward v. Arch (12 Sim. 472), Young v. Lord Waterpark (13 Sim. 204), Eavenscroft v. Frisby (1 Coll. 16). The devisees in trust, by whom the annuity was formerly paid,......
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The Estate of Michael Murphy, Charles H. James, and Michael Hughes, Assignees of Edward Bermingham, an Insolvent, Deceased, or of The Rev. John Butler, Owners; Marcella Livesay, Petitioner
...Ir. Ch. R. 135. Drought v. Jones 2 Ir. Eq. R. 303. Wheeler v. HowellENR 3 K. & J. 198. Shaw v. JohnsonENR 1 Dr. & Sm. 412. Ward v. ArchENR 12 Sim. 472. Burrowes v. GoreENR 6 H. L. C. 907 Statute of Limitations — Annuity — Trust Term. VOL. V.] EQUITY SERIES. 1:1 IN THE MATTER OF THE ESTA......
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Hughes v Williams
...426 BLUNDELL V. GLADSTONE 3 MAC3 & 4 Will. 4, c. 27, and submitted that this was a case of express trust within the former section; Ward v. Arch (12 Sim. 472), Young v. Lord Waterpark (13 Sim. 204), Christ's Hospital v. Grainger (1 Mac. & G. 460), Gough v. Suit (17 Law J. Chanc. 486). Mr. J......