The Duchess assigned her own separate leasehold property to the Duke absolutely in consideration of her natural love and affection for him. This enabled him to raise money on mortgage. The wife’s evidence was that, subject to the mortgage being repaid, the house was to come back to her.
Held: The equity of redemption belonged to the Duchess: ‘the house was transferred to the Duke for the limited purpose of enabling him to borrow money and that, subject to the mortgage created by him, it was intended that the house should continue to belong to the Duchess.’
Judges:
Stirling J
Citations:
[1894] 2 Ch 133
Jurisdiction:
England and Wales
Cited by:
Cited – HSBC Bank Plc v Dyche and Another ChD 18-Nov-2009
The parties disputed the claimed beneficial interest of the second defendant. The second defendant (C) said that it had been purchased for him by the first defendant (D) from C’s trustee in bankruptcy, and was thereafter held in trust for him on the . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 02 May 2022; Ref: scu.384350