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![handle is hein.slavery/ssactsengr0707 and id is 1 raw text is: (2) From Lord Eldon's language, 1 Rose, 151, Ex parne Hague, it seems, that
remaining abroad with intent to delay a creditor was an act of bankruptcy. Many
commissions have proceeded upon such an act ; and it. surely cannot be maintained,
that a trader, who on his return to England being informed, that an officer is
waiting at Dover to arrest him, remains at Calais on that account, does not fall under
the description of bankrupt by absenting himself ; to whom the rule, that an act
of bankruptcy cannot be committed out of England, is not applicable. The statute
6 Geo. IV. c. 16, s. 3, passed since the former part of this note was written, makes
this a distinct act of bankruptcy.
PARSONS v. PARSONS. Rolls. July 9th, 1796; Aug. 13th, 1800.
[See Andrew v. Andrew, 1875, 1 Ch. D. 413.]
A contingent legacy failed : the event, which happened, not being provided for
and no necessary implication in favour of the legatee. The Court of King's
Bench refused to answer a case from the Rolls, stated as a trust.
William Cole by his will bequeathed to his executors £1600 3 per cent. Consoli-
dated Bank Annuities ; in trust to pay the interest, dividends, and profits, thereof,
as the same should from time to time become due and payable from the time of his
decease, unto Isabella Henwood, then residing with his wife Mary Cole, until three
months next after the decease of his said wife ; and in case the said Isabella Henwood
should be then living, and should have attained the age of twenty-one years, then in
trust to pay, transfer and assign, the said £1600 3 per cent. Annuities unto the said
Isabella Henwood to and for her own proper use and benefit, together with all
such arrears of interest, dividends and profits, as should or might be due thereon :
but in case the said Isabella Henwood should happen to depart this life before the
end of three months next after the decease of his said wife Mary Cole under the age
of twenty-one years and unmarried, then and in such case he directed, that the said
legacy of £1600 3 per cent. Annuities should sink into and become part of the residue
of his personal estate ; and in case Isabella Henwood should survive his said wife,
and at the time that she should become entitled to a transfer of the said Bank
Annuities she should be married, then he directed, that his executors should pay,
&c., the said £1600 unto such person and persons, and for such ends, intents,
and purposes, as she should notwithstanding her coverture by any deed or deeds,
instrument or instruments in writing, executed in the presence of two or more
witnesses appoint: so as the same might be received and enjoyed [579] by her
and her children, if any, free from the debts, control, or engagement, of any
husband she might happen to marry ; for which purpose lie directed, that the receipt
and receipts, appointment and appointments, of the said Isabella Henwood alone
should from time to time notwithstanding such coverture be sufficient discharges
to his said executors and trustees to all intents and purposes whatsoever, without
her husband joining therein ; and in case the said Isabella Henwood should happen
to depart this life, before she should have attained the age of twenty-one years,
leaving lawful issue, then he directed, that his executors, &c., should transfer,
assign, set over, and divide, the said sum of £1600 Bank Annuities or the produce
thereof unto and among all and every the child and children of the said Isabella
Henwood lawfully begotten, who should be living at the time of her decease, share
and share alike, if more than one ; and if but one, unto such only child. But
in case any of the said children should happen to depart this life before the age of
twenty-one years, then he directed, that the share or shares of him, her, or them,
so dying should belong to and be equally divided between and among the survivors
or survivor of him, her, or them, so dying. He gave all the rest, residue, and
remainder, of his personal estate and effects to his three executors and Isabella
Henwood, their heirs, executors, administrators, and assigns, for ever.
Isabella Henwood after the testator's death married Robert Parsons. She attained
the age of twenty-one in 1789 ; and she and her husband in her right received the
dividends of the stock till her death in 1795. The testator's widow survived her.
The bill was filed on behalf of George Parsons, the only child of Robert and Isabella
Parsons, an infant ; praying, that the Plaintiff may be declared entitled to the legacy
748
PARSONS V. PARSONS
5 V'FS. JUN. 579.](ViewImageLocal?handle=hein.slavery/ssactsengr0707&div=1&collection=&method=preview&ext=.png&size=3)