White v Anderson

• Jurisdiction: Ireland
• Judgment Date: 11 March 1850
• Court: Court of Chancery (Ireland)
• Date: 11 March 1850

Chancery.

WHITE

and

ANDERSON.

Ennis v. smith Jo. & Car. Exch. R. 400

Kirkham v. NeedhamENR 3 B. & Ald. 531.

M'Donnell v. M'Donnell 4 Dru. & War. 376.

Lewis v. Madocks 8 Ves. 150; S. C. 17 Ves. 48.

Randall v. Willis 5 Ves. 262.

Jenkins v. Quinchant 5 Ves. 596, n.

Barstow v. Kilvington 5 Ves. 593.

Jones v. MartinENR 5 Ves. 266, n. S. C. 2 Anst. 882.

Hope v. Clifden 6 Ves. 499.

Woodcock v. Duke of DorsetENR 3 Bro. C. C. 569.

Falker v. O'BrienUNK 2 Ball & B. 214.

Fermoult v. DedireENR 1 P. Wms. 429.

Lyster v. BurroughsUNK 1 Dru. & Wal. 149.

Metcalf v. Archbishop of YorkENR 1 My. & Cr. 547.

Lewis v. Madocks 8 Ves. 150; S. C. 17 Ves. 48.

Randall v. willis 5 Ves. 262.

Tooke v. HastingsENR 2 Vern. 97.

Roundell v. BrearyENR 2 Vern. 482.

Graftey v. HumpageENR 1 Beav. 46.

Hankes v. JonesENR 5 Bro. P. C. 136, Toml ed.

Master v. De CroismarENR 11 beav. 184.

Wellesley v. Wellesley 4 Myl. & Cr. 561.

Hardy v. GreenUNKENR 13 Jur. 777, since reported; 12 Beav. 182.

Lyde v. Mynn 1 M. & K. 683.

Ennis v. Smith Jo. & Car. Exch. R. 400.

Ravenshaw v. HollierENR 7 Sim. 3. affirmed (on appeal) by Lord Lyndhurst.

Lord Irnham v. ChildENR 1 Bro. C. C. 92.

Beaumont v. Bradley Tur. & Russ. 41.

The Marquess of Townsend v. Stangroom 6 Ves. 328.

Mortimer v. Shortall 2 Dru. & War. 363.

Breadalbane v. Chandos 2 Myl. & Cr. 739, 740.

Jenkins v. Quinchant Ubi sup.

Barstow v. kilvington 5 Ves. 593.

Bunbury v. LloydENR 1 Jo. & Lat. 638.

Shelburne v. InchiquinENR 1 Bro. C. C. 338; and 5 Bro. P. C.

Harwood v. Wallis 2 Ves. 195.

Lord Irnham v. Chitd 1 Bro. C. c. 92.

Mortimer v. Shortall 2 Dru. & War. 363.

Bunbury v. LloydENR 1 Jo. & Lat. 638.

Lewis v. Madocks 8 Ves. 150; S. C. 17 Ves. 48.

CHANCERY REPORTS. 419 1850. Chancery. WHITE v. ANDERSON. (Chancery) March 9, 11. ErN WILLIAM ANDERSON, of Asbfield, in the year 1823, being In an ante nuptial settle seised of a freehold estate in the lands of Boherboy, entered into a meat confer - treaty of marriage with Cornelia Maziere, widow of Henry Maziere, rinableg b considerenefits uon and daughter of Bernard Shaw (then deceased). husband the in he pro By indenture of settlement, bearing date the 2nd of December the wifpe,rt y toof 1823, made between John W. Anderson of the first part, Cornelia which it chiefly related, which Maziere of the second part, Peter Maziere (father of Henry Maziere settlement contained a then deceased) of the third part, Robert Shaw (afterwards Sir Robert recital that it was made by Shaw, Bart.) and Samuel White (who were trustees of the settle- the wife " in considera tion of the marriage and of the provision thereinafter made and provided for her by the husÂband," he covenanted " that whatever estates and property, whether real or personal, and wherever situate, or either or both, should in the event of his decease, if the wife should survive him, be charged and chargeable with, and subject to, the payment of an annuity or yearly rentcharge of £250, to be paid and payable to her and her assigns during so many years as she should live, besides and in addition to the proÂvision hereby made and intended for her." With the exception of a contingent reversionary interest in a policy of assurance for £3000 on the life of the husband, which policy was subject to a debt of £2000 and interest thereon at £4 per cent., there was not any provision made out of his property for her beside the annuity of £250. At the period of the marriage he was engaged in trade, and was seised of real estate ; subsequently he acÂquired other real estate, and afterwards became a bankrupt. Held, that the annuity of £250 was well charged both upon the real estate of which he was seised at the marriage, and upon the real estate which he subsequently acquired. The draft of the above settlement did not contain the covenant as to the annuity of £250, but on the draft was indorsed a memorandum, in the handwriting of the husÂband, stating that the solicitor, who prepared that draft, " had omitted to insert a clause subjecting whatever property he (the husband) might die possessed of to a yearly renteharge of £250 for the benefit of his intended wife during her life, exclusive of such other advantage as she might be entitled to by the foregoing deed." On the death of the husband a bill was filed (by a party claiming under a mortgage of both estates, and of a date puisne to the settlement) praying that the covenant might be reformed in conformity with the memorandum. The widow in her answer resisted the reformation, and denied that it ever was her understanding of the marriage conÂtract that the operation of the covenant was to be limited to such property only as the husband might die possessed of. The parol evidence of three trustees of the settlement was to the same effect ; one of them deposed that to him, both at and after the marriage, the husband had stated his intention that the estates which he then possessed, or should thereafter acquire, should be subject to the annuity of £250. Held, that the bill should he dismissed, without costs, and that a declaration should be inserted in the decree that the annuity was well charged upon the estates of which the husband was seised both at and after the marriage. 420 CHANCERY REPORTS. ment executed on the marriage of Henry Maziere and Cornelia Maziere) of the fourth part, and Sir James Caleb Anderson, Bart., and Alexander Boyle of the fifth part, reciting the intended marÂriage, and that John W. Anderson was entitled to a policy of assurance for £3000 upon his own life, he assigned the same to Sir James Anderson and Boyle upon the trusts after mentioned. This settlement also recited that Cornelia Maziere was entitled to a policy of assurance on her own life for £2000, and to an annuity of £200 per annum during her life under articles of the 31st of January 1817, executed on her former marriage, to secure which annuity Peter Maziere had by those articles covenanted with Messrs. Shaw and White to pay to them £4000, to be by them invested in £5 per cent. stock, whereof the dividends were to be applied in payment of the annuity ; as a further security for which Peter Maziere had also covenanted to execute his bond for £8000, conditioned for payÂment of the annuity of £200 ; and that he did execute the same, and paid £2000 only (part of the sum of £4000), which sum of £2000 the trustees invested in £5 per cent. stock, afterwards reÂduced to £4 per cent., and now produced a principal sum of £2031. And also recited that Cornelia Maziere was entitled to certain leasehold tenements in the city of Cork, and to a legacy of £1000, charged by the will of her father upon the lands of Monkstown. And by this settlement it was witnessed that " Cornelia Maziere, in consideration of the said intended marriage, and of the provision thereinafter made and provided for her by the said John William Anderson," assigned the leasehold tenements, the £1000 legacy, the £2031 stock, the £8000 bond, and the annuity of £200 (in assignÂing of which stock, bond and annuity Peter Maziere, Robert Shy and Samuel White joined), to Sir James Anderson and Alexander Boyle, upon trust as to the leasehold premises for John William Anderson for so many years of the term therein as he should live, with remainder in trust for Cornelia Maziere for so many years of the term as she should live, with remainder upon certain trusts for the children of the marriage ; and as to the annuity of £200, upon trust, subject, as thereinafter stated, to pay same to Cornelia Maziere (notwithstanding her being a married woman) fbr so many years as CHANCERY REPORTS. 421 she and John W. Anderson should jointly live, and after his death, 1850. Chancery, to her and her assigns ; and as to the £2031 stock, and the £8000 bond, to hold same as a security for the £200 annuity for the life of WHITE v. Cornelia Anderson, subject as thereinafter mentioned, and to apply ANDERSON. the dividends of the stock in payment of the annuity, and on her Statement. death to transfer the stock and assign over the bond to Peter Maziere, his executors or administrators ; and as to the sum of £1000, upon trust for John William Anderson, his executors, administrators and assigns absolutely. The deed also recited that John William Anderson, having proÂposed to borrow the sum of £2031 stock, with a loan, to extend his business, such loan to be secured by the bond of J. W. AnderÂson, conditioned for payment of £2079, with interest at £4 per cent., to Sir J. Anderson and Boyle, upon the death of Cornelia Maziere or John William Anderson, whichever should first happen ; " and by way of inducement to obtain the consent of Peter Maziere to the said loan," Cornelia Maziere assigned the policy of £2000 on her life to Peter Maziere upon subsequently declared trusts ; and as a further security, it was agreed by John William Anderson that Sir James Anderson and Boyle should stand possessed of the £3000 policy upon the life of J. W. Anderson, in trust, in case he should die before his intended wife, to invest out of the proceeds of that policy a sum of £2079 in purchase of £4 per cent. stock, whereof the dividends should be applied in payment of the annuity of £200 to Cornelia Maziere during her life, and after her death to pay ,f2079 to Peter Maziere in discharge of the bond, or at the option of Peter Maziere, to pay him that sum at the death of J. William Anderson, he (Peter Maziere) securing the annuity of £200 to Cornelia Maziere during her life to the satisfaction of the trustees. As to the residue of the proceeds of the policy of £3000, upon trust to pay the same to Cornelia Maziere. The deed also contained a proviso that if she should die in the lifetime of her husband, whereby (under subsequently contained stipulations) Peter Maziere would become entitled to the £2000 policy upon her life in disÂcharge of the bond of J. W. Anderson, and if the proceeds of that policy should...