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![handle is hein.slavery/ssactsengr0811 and id is 1 raw text is: HARDEY V. GREEN
[182] HARDEY V. GREEN. July 28, 1849.
(S. C. 18 L. J. Ch. 480; 13 Jur. 777. Distinguished, In re Bolland, 1873, L. R. 17
Eq. 119. See In re Clarke, 1887, 35 Ch. D. 113; In re Reis [1904), 2 K. B. 777.
See also Hardey v. Hawkshaw, 1850, 12 Beav. 552.]
Articles were executed previous to a marriage, by which the husband and wife
agreed, that all property, estate arid effects to which the husband or wife might
thereafter become entitled, should be settled to such uses as the wife should
appoint; and in default, on trusts for the husband, wife and children. At the
time, neither husband nor wife had any property, the husband was insolvent,
and soon after the marriage took the benefit of the Insolvent Act. Property
subsequently descended on him. Held, as against his assignee, that it was bound
by the articles.
A few hours previous to the marriage of James Brooke Irwin and Elizabeth
Bevan, articles were executed between them, dated the 29th of June 1843, whereby
it was agreed, that as soon as conveniently might be, an indenture of settlement
should be made and executed, by and between the said J. B. Irwin and Elizabeth
Bevan, and all other proper and necessary parties, whereby all and singular the real
and personal estate, property, and effects, then of or belonging to the said Elizabeth
Bevan, or in or to which she might thereafter become interested or entitled, by any
means whatsoever, should be conveyed and assigned to trustees therein named; to
hold on such trusts, &c., as Elizabeth Bevan should appoint, and in default for her'
for life, with remainder to J. B. Irwin for life, with remainder to their children; and
it proceeded as follows :- And it is hereby agreed, that the said intended settlement
shall contain power to change trustees, and for their indemnity and reimbursement,
and all other proper, usual, necessary and advisable clauses, provisoes, and agree-
ments, and also a covenant on the part of the said J. B. Irwin, that all property,
estate, and effects, to which he, or the said Elizabeth Besan may hereafter beeome entitled,
shall be settled and limited to the same uses, upon the same trusts, and for the same
ends, intents, and purposes, as aforesaid.
James B. Irwin and Elizabeth Bevan alone were parties, and there was no
attesting witness.
The marriage was solemnised the same day. Neither party had any property at
the time, and the husband [183] was considerably indebted, and the wife had nothing
but some expectations.
On the 6th of November 1843 J. B. Irwin took the benefit of the Insolvent
Debtors Act, and it appeared from his schedule that his debts amounted to £4133,
and his property nil. On the 2d of January 1844 the final order was made, and his
estate and effects, present and future, became, under the 5 & 6 Vict. o. 116, s. 7,
vested in the official assignee. On the 6th of December 1845 the brother of James
B. Irwin died in India intestate, leaving James B. Irwin his heir and one of his next
of kin. He thereupon became entitled to some real estates in Westmeath and
Fermanagh in Ireland, and to one-fifth of his brother's personal estate.
The articles were not registered in Ireland until the 15th of June 1846; and in
order to procure their registration, it became necessary to have an attesting witness
to them. The parties thereupon drew a dry pen over their signatures, in the presence
of a witness who attested the execution, and on that they were registered.
Afterwards, the Westmeath estate was conveyed, by a trustee, in whom the legal
estate was vested, and the husband, on the trusts of the settlement. The Fermanagh
estate was also conveyed by the husband and wife, on the same trusts, and both those
deeds were registered prior to the 12th of February 1847. The certificate of the
appointment of the assignee was not registered until the 15th of February 1847, and
subsequent to the conveyances.
The parties proceeded to sell some of the estates; but a difficulty having occurred,
in consequence of the assignee having given notice of his claim, this bill was filed by
the trustee of the marriage settlement, and the [184] wife, praying that the articles
1029,
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