Stiffe v Everitt: 23 Jan 1836

A testator gave his residuary estate to trustees, upon trust to invest the proceeds, and pay the profits, dividends, or interest thereof to the separate use of his daughter for life, exclusive of any husband she might marry, without power of anticipation, but with a power to appoint the capital of the fund, such appointment to take effect only from and after her decease. The daughter, who, at the date of the will, and at the testator’s death, was a feme sole, afterwards married, ancl joined with her hushand in petitioning to have the fund transferrecl to him absolutely, oflering, at the same time, to execute any appointment which the Court might think proper for that purpose ; but the Court refused to make any order.
Semble, a husband and wife cannot effectually clispose of the life interest of the wife in a fund not settled to her seperate use, heyond the duration of the coverture.

Citations:

[1836] EngR 342, (1836) 1 My and Cr 37, (1836) 40 ER 290

Links:

Commonlii

Jurisdiction:

England and Wales

Trusts

Updated: 15 May 2022; Ref: scu.314674