Sir Toby Tyrrell died, having his daughter’s portion left her by her grandfather in his hands ; his lady had several jewels, some whereof she had before marriage, others were bought by her with her own money, as she pretended, during the coverture ; Sir Toby allowing her a yearly sum for her own expenses, out of which she saved money to purchase those jewels, The question was, whether those jewels should be liable to make good the daughter’s portion, or whether the lady should have them as paraphernaIia? and it was ruled by the Lord Keeper Finch, that if there was not sufficient for payment of debts, the wife should have no paraphernalia; for it is not fit she should shine iri jewels, and the creditors in the mean time to starve ; and he said, if the wife should in this case have the jewels, and her daughter want bread, this would be to turn the children’s bread into stones.
Citations:
[1660] EngR 174, (1660-1706) 1 Freem Chy 304, (1660) 22 ER 1225 (D)
Links:
Family, Trusts
Updated: 02 May 2022; Ref: scu.410164