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![handle is hein.slavery/ssactsengr0857 and id is 1 raw text is: 14 IM. .4. WILSON V. WILSON 415
have more children, each of whom would become -interested in like manner; and it
was the duty of the trustees to preserve the residuary estate for them, and for all the
other parties who eventually might become entitled to it.
Mr. Stuart and Mr. Toller, for F. S. Greville, contended that the Court ought not
to interfere in a matter which, by the terms of the 51st Order of 1828, was a matter
of mere regulation and left entirely to the discretion of the Master; that F. S.
Greville and his son were the parties principally interested; and that the expense of
the proceedings in the Master's office would be greatly and unnecessarily increased by
allowing the solicitors of the trustees to attend the reference and to take copies of the
abstract and of all the other documents that might be brought into the Master's office
during the investigation of the title to the estates proposed to be mortgaged.
Mr. Fisher appeared for the infant son.
THE VICE-CHANCELLOR [Sir L. Shadwell]. The books of practice state that, when
all the cestuis que trust are before the Court, the trustees are not to interfere. In this
case F. S. Greville, the tenant for life, obtained the order of reference; but, at present,
none of the parties in remainder are parties to the record except his infant son and
daughters, and they may never become cestuis que trust: or, at all events, may not be
the only cestuis que trust. The trustees are the only parties who represent the interests
of all the persons entitled in remainder, whether in posse or in esse: and therefore I
think that they ought to be at liberty to take part equally with the solicitors of the
tenant for [405] life and his son in the investigation of the title to the estate, and in
the other proceedings in the Master's office under the order of reference.
[405] MARY WRIGHT HENNIKER WILSON, the Wife of John Wright Henniker
Wilson, by SIR CHARLES WETHERELL, her next Friend, and WILLIAM CARR
FOSTER and NATHAN WETHERELL V. JOHN WRIGHT HENNIKER WILSON; and
JOHN WRIGHT HENNIKER WILSON V. WILLIAM CARR FOSTER, NATHAN
WETHERELL and MARY WRIGHT HENNIKER WILSON. Jan. 20, 29, Feb. 1, 11,
1845.
(S. C. 15 Sim. 487; affirmed, 1 H. L. C. 538; 9 E. R. 870 (with note). In addition
to cases cited in the note (9 E. R. 870), see Hart v. Hart, 1881, 18 Ch. D. 1881 ;
Clark v. Clark, 1885, 10 P. D. 193; M'Gregor v. M'Gregor, 1888, 20 Q. B. D. 529;
21 Q. B. D. 430.]
Articles of Separation. Husband and Wife. Specific Pefornmance. Public Policy.
Articles of separation decreed to be specifically performed.
A covenant to indemnify the husband against his wife's debts is not the only con-
sideration that will support such articles; a covenant to put an end to a suit against
the husband in the Ecclesiastical Court, or to pay him an annuity, or to pay his
existing debts, is sufficient.
An agreement to put an end to a suit for nullity of marriage on the ground of
impotency is not contrary to public policy.
In April 1839 Mary Wright Henniker Wilson, one of the Plaintiffs in the original
cause, married the Defendant in that cause. At the time of her marriage she was
entitled, under the will of her aunt, Lady Frances Wright Wilson, to a freehold
estate in Hampshire called Drayton Lodge, of the value of £2000 a year, and which,
by her aunt's will, was limited to her separate use, and she was also entitled, under
the will of her uncle, Sir Henry Wright Wilson, for her life, with remainder to her
children and other issue, to certain freehold estates in Yorkshire and Essex, producing
together about £3000 a year; and she was also entitled to a leasehold [406] estate in
Middlesex called Chelsea Park, and to the sum of £4, 12s. 6d. land tax charged
thereon; and to a leasehold house in Grosvenor Place which had been specifically
bequeathed to her by Sir Henry Wright Wilson, and to stock in the funds, ready
money, furniture and other effects in her houses at Chelsea Park and Drayton Lodge,](ViewImageLocal?handle=hein.slavery/ssactsengr0857&div=1&collection=&method=preview&ext=.png&size=3)