Williams v Chitty. Chitty v Chitty
| Jurisdiction | England & Wales |
| Judgment Date | 16 August 1797 |
| Date | 16 August 1797 |
| Court | High Court of Chancery |
English Reports Citation: 30 E.R. 1148
HIGH COURT OF CHANCERY
williams v. chitty. chitty v. chitty. June 28th and 30th, Aug. loth and 16th, 1797. Dower barred by settlement previous to marriage, but during the infancy of the wife, of stock and leasehold property, partly the husband's, partly the wife's. Real estates devised held liable to simple contract debts under a direction in the beginning of the will, that debts and funeral expences should be first paid : that, which descended to the heir by the failure of the devise, to be first applied. Devise to A. and her heirs : but if she dies under twenty-one and unmarried, to B. and her heirs : A. dies in the life of the testator, under twenty-one and without issue, but having been married : the heir is entitled. By settlement made previously to the marriage of Joseph Chitty_ and Sarah Cart-wright in 1771, Sarah Cartwright assigned a leasehold messuage in Berkeley-square belonging to her, held under a lease for ninety-nine years, dated 16th July 1737, and Joseph Chitty assigned a leasehold messuage in Bond-street belonging to him under a lease, dated 30th of March 1768, for forty years, renewable every fourteen years, to trustees, their executors, &c.j for the residue of the respective terms, in trust to permit Joseph Chitty to receive the rents for life ; and after his decease to permit Sarah, his intended wife, to receive the rents for life; and in case she should die in his life without any child, in trust to assign the house in Berkeley-square to Joseph Chitty, his executors, &c., for [546'] the residue of the term ; and to assign the house in Bond-street according to the appointment of the said Sarah by will or writing, and, for want of appointment, in trust for her executors, &c. ; and in case she should survive her 3 VES. JUN. 547. WILLIAMS V. CHITTY 1149 said husband, and there should be no cbild'then alive, in trustrto assign both the said houses to her for the residue of the respective terms ; but in case there should be one or more child or children living at the death of the survivor other than an eldest son, in trust to sell the said bouses, and to pay the money among such younger sons equally"; and if but one, to such only younger child ; but if only one child, to assign the houses to such only child; and it was declared, that the sum of £1500 3 per cent. Bank Annuities, which was purchased by Joseph Chitty with part of the portion, he was to receive, and with his own money, was transferred to the same trustees, upon trust to permit Joseph Chitty and Sarah, his intended wife, to receive the dividends during their lives and the life of the survivor ; and if the said Sarah should die in the life of her said husband without leaving any child, upon trust to transfer the same to Joseph Chitty. his executors, &c. ; and if there should be living at the death of the survivor any children except an eldest son, to divide the said annuities between such children equally, and if but one, to such only younger child ; and if but one child, to such only child ; and it was declared, that the provision thereby made for the said Sarah should be in full of her jointure and in bar of dower. Joseph Chitty by his will, dated the 30th of November 1782, ordered and directed all his just debts and funeral expences to be first paid ; and then reciting, that by the will of his late uncle, Josiah Chitty deceased, his freehold and copyhold estates in Essex, whereof he had not barred the remainders, would descend to his eldest son, the testator declared, he therefore did not make any provision for the said son by that his will other than as thereinafter mentioned : but having in order to make some provision for his younger and other children barred all and every the remainders in and by his said uncle's will limited of the estates in London thereby devised to him in tail, he gave, devised and bequeathed, all his messuages, ground, hereditaments and premises...
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