Webb v Grace
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1848 |
| Date | 01 January 1848 |
| Court | High Court of Chancery |
English Reports Citation: 41 E.R. 1114
HIGH COURT OF CHANCERY
S. C. 18 L. J. Ch. 13; 12 Jur. (O. S.), 987. See In re Machu, 1882, 21 Ch. D. 845; In re Moore, 1883, 39 Ch. D. 121; Corbett v. Corbett, 1888, 14 P. D. 11; In re, Dugdale, 1888, 38 Ch. D. 181.
[701] webb . grace. Jan. 12, August, 1848. [S. C. 18 L. J. Ch. 13; 12 Jur. (O. S.), 987. See In re Machu, 1882, 21 Ch. D. 845; In re Moore, 1883, 39 Ch. D. 121; Carbett v. Carbett, 1888, 14 P. D. 11; In re, Dugdale, 1888, 38 Ch. D. 181.] A covenant to pay to E. C. during her life, subject to the proviso thereinafter contained, an annuity of £40; the proviso being that, in case E. C. should at any time thereafter happen to marry, the annuity should thenceforth be reduced to £20 only, which sum should in such case be paid and payable to E. C. from the time of her marriage for the remainder of her life. Held (reversing the decision below) to be, in effect, a covenant to pay an annuity of £40 until marriage, and afterwards an annuity of £20 only : the proviso for reducing the annuity being part of the original gift itself, and not operating as a condition subsequent so as to be void as in restraint of marriage. The question in this case was, whether Eliza Elborough, formerly Eliza Castle, was, after her marriage, entitled to an annuity of £40, or only to an annuity of £20, under a covenant entered into by John Webb, the testator in the cause, in the following words:- " That John Webb shall pay to Eliza Castle, for and during the term of her natural life, subject to the proviso hereinafter contained, an annuity of £40: provided always, and it is hereby declared and agreed by and between the parties hereto, and it is the true intent and meaning of these presents that in case the said Eliza Castle shall at any time hereafter happen to marry, then from and immediately after her marriage the said annuity of £40 shall be and is hereby reduced to £20 only, which said sum of £20 shall in such case be paid and payable unto the said Eliza Castle from the time of her marriage, for and during all the remainder of her life, anything hereinbefore contained to the contrary notwithstanding." The Master allowed her claim to an annuity of £20; but his decision was reversed by the Vice-ChancellQr of England on the ground that the proviso for reducing the annuity was illegal and void, as a restraint on marriage. This was an appeal from that decision. [702] Mr. Bacon and Mr. Montagu appeared for the...
To continue reading
Request your trial
-
Evans v Rosser
...as conditional limitations where possible, and not as conditions, removes all doubt as to the reading of this will: Webb v. Grace (2 Ph. 701); Fearne, Cont. Rem. (9th ed. 273); Right v. Cimiptmi (9 East, 267); Heath v. Lewis (3 De G. M. & G. 954); Brawn v. Gutter (Sir T. Raym. 427); Potter ......
-
Heath v Lewis
...between the effect of such a form of gift when applied to an unmarried person and when applied to the testator's widow. Webb v. Grace (2 Ph. 701) is distinguishable from such cases as the present, by the particular frame of the covenant in. that case. He also referred to Exparte Dickson (1 ......
-
The Trusts of The Will of Jane King, and The Statutes 22 & 23 Vict. C. 35, and 23 & 24 Vict. C. 38
...2 J. & H. 356. Scott v. TylerENR 1 Dick. 712. Morley v. RennoldsonUNK 2 Ha. 580. Duddy v. GreshamUNK 2 L. R. Ir. 442. Webb v. GraceENR 2 Ph. 701. Rishton v. Cobb 5 Myl. & Cr. 145. Bullock v. Bennett 7 D. M. & G. 283. Crommelin v. Crommelin 3 Ves. 227. Morley v. RennoldsonUNK 2 Ha. 570. Scot......
-
The Estate of Richard Walsh, Owner; George Greenwood and Richard Montray Drury, Petitioners; and The Estate of Richard Walsh, Continued in the Names of James Walsh and Walter Walsh, as Administrators, and in the Name of The Said James Walsh as Heir-At-Law, of The Said Richard Walsh, Owner; The Hibernian Bank, Ltd, Petitioners; Consolidated With The Estate of Richard Walsh, Continued as Above, Owner; The Commissioners of Public Works, Petitioners
...wife and children as provided. w. c. s. (1) 19 Ves. 87. (2) 40 Ch. D. 585. (3) [1891] 3 Ch. 150. (4) 38 Ch. D. 176. (5) 18 Ves. 429. (6) 2 Ph. 701. (7) 9 Hare, (8) 3 K. & J. 458. (1) 9 Hare, 475. (2) 38 Ch. D. 176. ...