Courts of Chancery, King's Bench, and Common Pleas, FROM MICHAELMAS TERM 1825, TO TRINITY TERM 1826, BOTH INCLUSIVE. VOL. IV. LONDON: Printed by James Holmes, 4, Took's Court, Chancery Lane, FOR J. W. PAGET, 5, QUALITY COURT, CHANCERY LANE. MDCCCXXVI. THE LAW JOURNAL IS A MONTHLY PUBLICATION, SOLD TO ANNUAL SUBSCRIBERS ONLY: CONTAINING 1. Reports of Cases in the Courts of Equity. 2. Reports of Cases in the Court of King's Bench. 3. Reports of Cases in the Court of Common Pleas. 4. A Digest of all the Reports in every Court of Justice in the Kingdom. 5. An Annual Supplement to Burn's Justice. 6. An Abridgment of every Act of Parliament immediately after it has passed. 7. Law Tracts. JUDGES, &c. 1826. IN THE COURTS OF EQUITY. Earl ELDON, Lord High Chancellor. The Right Hon. Lord GIFFORD, Master of the Rolls. Sir JOHN LEACH, Knt. Vice Chancellor. IN THE COURT OF KING'S BENCH. The Right Hon. Sir CHARLES ABBOTT, Knt. Lord Chief Justice. The Hon. Sir JOHN BAYLEY, Knt. The Hon. Sir GEORGE SOWLEY HOLROYD, Knt. The Hon. Sir JOSEPH LITTLEDALE, Knt. IN THE COURT OF COMMON PLEAS. The Right Hon. Sir WILLIAM DRAPER BEST, Knt. Lord Chief Justice. The Hon. Sir JAMES ALLAN Park, Knt. The Hon. Sir JAMES BURROUGH, Knt. The Hon. Sir STEPHEN GASELEE, Knt. IN THE COURT OF EXCHEQUER. The Right Hon. Sir WILLIAM ALEXANDER, Knt. The Hon. Sir WILLIAM GARROW, Knt. The Hon. Sir JOHN HULLOCK, Knt. IN THE ECCLESIASTICAL COURTS. The Right Hon. Sir JOHN NICHOLL, Knt. Official Principal of the Arches Court of Canbury, Judge of the Prerogative Court and the Court of Peculiars of Canterbury. The Right Hon. Lord STOWELL, Judge of the High Court of Admiralty of England. Sir JOHN SINGLETON COPLEY, Knt. Attorney General. Sir CHARLES WETHERELL, Knt. Solicitor General. CASES ARGUED AND DETERMINED IN THE Court of Chancery, COMMENCING IN THE SITTINGS BEFORE MICHAELMAS TERM, 6 GEO. IV. A married woman having a vested interest in a sum of stock, subject to the life interest of another person, joins with her husband in executing an assignment of the moiety of the fund to a purchaser for a valuable consideration: the husband afterwards dies before the tenant for life :-Held, that the wife is entitled by survivorship to the whole fund, and that the purchaser cannot claim any part of it against her. Thomas Wigglesworth by his will, dated in 1783, after giving various legacies, and making various devises, gave and bequeathed all the residue and remainder of all his estate and effects to John Clifford, John Jackson, and William Camplin, their executors and administrators, upon trust, as soon as conveniently might be after his decease, to sell such parts of his said estate and effects as should not consist of money, and to get in such parts of it as should con (1) The Editor was unable to give this case in its proper volume, and at its proper time, from accidental difficulties in procuring the briefs, and in obtaining an accurate note of the judgment of the late Master of the Rolls. But on account of the great practical importance of the doctrine established in it, after solemn argument, and long deliberation, by that most able judge, Sir Thomas Plumer, he thinks he cannot do better than place it at the commencement of this year's volume. VOL. IV. CHANC. sist of debts, or securities for and money, to stand possessed of the sums of money so gotten in or produced by such sales, upon the trusts therein mentioned. These trusts were, to invest the monies in the purchase of equal parts of Reduced and Consolidated Three per Cent. Bank Annuities, and to receive the dividends thereof as they should become due, and to pay the same unto his (the testator's) daughter, Isabella Purdew, during her life; and after the de cease of Isabella Purdew, upon trust, to pay the said interest, dividends, and annual produce, to his (the testator's) grand-daughter, Sarah M'Dougall, during her life; and after the decease of the survivor of them Isabella Purdew and Sarah M'Dougall, then, upon trust that they the trustees, or the survivors or survivor of them, or the executors or administrators of the survivor, should stand possessed of the consolidated and reduced annuities, and the interest, dividends, and annual produce thereof from time to time, as the same should become payable, in trust, for all and every the child and children of Sarah M'Dougall; if more than one, equally to be divided between or amongst them, share and share alike: the share or shares of such child or children as should be a daughter or daughters, to be paid, assigned, or transferred to her or them respectively, as and when she or they respectively should attain the age of B |
