Dunbar’s Trustees v Dunbar: HL 11 Apr 1905

By an antenuptial marriage-contract executed in 1848 the wife bound herself to convey to the trustees the whole funds and estate, real and personal, which she then had or might thereafter ‘conquest and acquire by purchase, succession, or otherwise.’ The trustees were directed to pay the annual income of the trust estate to the wife during her life for her separate use, exclusive of the jus mariti. Held that the clause of conquest did not extend to estate which consisted of, or was purchased with, savings made by the wife from her separate income during the subsistence of the marriage.
Lord Macnaghten in the Chair, Lord Davey, Lord Robertson, and Lord Lindley
[1905] UKHL 553, 42 SLR 553
Bailii
Scotland

Updated: 06 August 2021; Ref: scu.621176