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![handle is hein.slavery/ssactsengr0843 and id is 1 raw text is: BENSON V. BENSON
It appears to me, therefore, on the face of this instru-[126]-ment, that all the
machinery by which the income of the trust property is secured for the separate use
of this lady, without anticipation, was introduced into the settlement, with reference
to that marriage only which she was then about to contract.
Whatever may be thought of Newton v. Reid, it is supported by the decision of the
Lord Chancellor in Woodmeston v. Walker.
In my opinion this is the case of a trust created for the life of this lady, with
limitations and restrictions which were binding during her marriage with her first
husband, but not beyond it: and, consequently, her present husband is entitled to
receive and dispose of the income of the trust property during the coverture.(1)
[126] BENSON V. BENSON. Jan. 20, 1835.
[S. C. 4 L. J. Ch. (N. S.) 59; affirmed, 4 L. J. Ch. (N. S.) 273.]
Will. Construction. Sep'arate Use.
Testator directed the interest of £10,000 to be for the separate use of his daughter
Jane Lane, the wife of J. Lane, for her life, free from the debts of her husband.
The husband died, and his widow married again. Held, that the trust for her
separate use ceased on the death of her first husband.
Qu. Whether a trust for the separate use of a single woman is valid.
Thomas Howard Griffith, by his will, dated the 1st of August 1821, after devising
a plantation in Barbadoes, called Windsor, and all other his estate and property of
whatever nature, whether real, personal, or mixed, and whether in Barbadoes,
England, or elsewhere, to his eldest son, the Defendant, Thomas [127] Griffith, his
heirs, executors, administrators and assigns, subject to the payment of his debts,
funeral and testamentary expenses and legacies, proceeded thus : I do hereby charge
and make my said plantation called Windsor, and the lands, buildings, slaves and
stock thereof liable to the payment of the sum of £10,000 Barbadoes currency, at
lawful interest from the day of my death, to the following uses, that is to say, the
annual interest to accrue thereon to be to and for the sole, separate and exclusive use
and benefit of my daughter, Jane Abel Lane, the wife of John Branford Lane, Esq., for
and during her natural life, totally free and independent of the debts, control or
engagements of her husband, and for which her receipt alone, or the receipts of such
person or persons as she shall alone appoint, from time to time, to be a sufficient dis-
charge; and I do direct that such interest shall be paid to her at the end of every six
months, either in this island or in England as she shall desire. And the testator
disposed of the £10,000, after the death of his daughter, in manner therein
mentioned.(2)
The testator died in 1823. John Branford Lane- died in 1829; and his widow
intermarried with the Plaintiff in December 1831.
The bill prayed that it might be declared that the Plaintiff, on his marriage, became
absolutely entitled to receive the interest which, during the life of the Defendant, his
wife, should accrue due in respect of the legacy of £10,000 Barbadoes currency, and
that the [128] balance of interest then due, and all the interest which, during the life
of his wife should accrue due, might be paid to him.
The Defendants put in a general demurrer.
Mr. Knight and Mr. Blenman, in support of the demurrer. There is no case that
decides that an enduring trust may not be created for the separate use of a married
woman. There is a dictum to that effect in Massey v. Parker (2 Myl. & Keen, 174);
but it was extra-judicial : the point decided was that the language of the will did not
create a trust for the separate use of the testatrix's granddaughter. Woodmeston v.
(1) See the next case.
(2) The will was set forth as above in the bill: but the Vice-Chancellor read and
commented upon some of the subsequent parts of it, which are stated in his judgment.
6 SIXI. 126.](ViewImageLocal?handle=hein.slavery/ssactsengr0843&div=1&collection=&method=preview&ext=.png&size=3)