Watts v Campbell
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1860 |
| Date | 31 January 1860 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 48
HIGH COURT OF CHANCERY
[113] dilkes v. broadmead. March 8, 1860. [Affirmed, 2 De G. F. & J. 566; 45 E. K. 740 (with note).] Assets of a testator, settled bond fide on the marriage of the residuary legatee, are no longer liable to the claims of creditors. Therefore, a bill filed against the residuary legatee and the trustees of the settlement to recover the amount paid by the Plaintiff by reason of the testator's breach of the covenants in a lease was dismissed with costs. Spademan v. Timbrell (8 Sim. 253, 260) considered. In 1822 one Henry Hewitt demised to Capt. Dilkes, E.N., since deceased, a messuage and dwelling-house in the City of Cork, for the term of 9000 years, from Michaelmas 1821, at the rent of 5 per annum. 2GIFP.114. DILKES V. BROADMEAD 49 In 1828 Capt. Dilkes, in consideration of 100, demised the premises to one James Bucknell, for 8000 years, at the same rent. In October 1846 Capt. Dilkes died, leaving Charles 0. B. Dilkes his sole personal representative. James Bueknell, by his will, dated the 15th of 'June 1829, bequeathed to his brother, William Bucknell, all his monies, &c., on trust, to invest the said monies, and to pay the dividends thereof for the maintenance and education of his daughter Harriett, until she should attain twenty-four, or marriage, with his consent, previously obtained in writing. And upon further trust, to pay and assign the said monies and the accruing interest and accumulations to his said daughter, on her attaining twenty-four, or being married with such consent as aforesaid. On the 16th of August 1848 Harriett Bucknell, being under twenty-four years of age, but with the consent of the trustees, married the Defendant, Broadmead, and on and in consideration of her marriage the sum of 12,500 Bank annuities was settled on trust for the husband for life, the wife for life, with remainder among the children of the marriage. A further sum of about 5000 was also settled on trust during the lives of the husband and wife, for the separate use of the wife, remainder to herself for life in case she survived her husband, with power, in case she died in his lifetime, of appointing the fund by will. [114] In April 1856 Thomas H. Hewitt, the residuary legatee of Henry Hewitt, preferred a claim against the Plaintiff as representative of Captain Dilkes, for one year's rent due in March 1856, and for a breach of covenant to repair. The Plaintiff thereupon filed this bill...
To continue reading
Request your trial