1500 CANNON V
Page 1
ICLR: Chancery Division/1949/CANNON v. HARTLEY. - [1949] Ch. 213
[1949] Ch. 213
[CHANCERY DIVISION]
CANNON v. HARTLEY.
1948 Nov. 19, 22.
ROMRE J.
Settlement - Deed of separation - Covenant to settle after-acquired property - Breach of covenant Volunteer's right to claim for damages.
A volunteer who is a party to a deed and a direct covenantee thereunder is entitled to damages for breach of a covenant contained in the deed.
By a deed of separation made on January 23, 1941, between the defendant of the first part, his wife of the second part and the plaintiff, their daughter, of the third part, the defendant covenanted, inter alia, "If and whenever during the lifetime of the wife or the daughter the husband shall become entitled .... under the will or codicil .... of either of his parents .... to any money or property exceeding in net amount or value 1,000l. he will forthwith at his own expense .... settle one-half of such money or property upon trust for himself for life and for the wife for life after his death and subject thereto in trust for the daughter absolutely ...." In 1944 the defendant became entitled, subject to a prior life interest therein of his mother, to a quarter share of a fund of approximately 50,000l. The defendant's wife died in 1946. The defendant refused to execute a settlement in accordance with the said covenant. On a claim by the plaintiff for damages for breach of the covenant:Held, that the plaintiff was entitled to damages.
In re Pryce [1917] 1 Ch. 234 and In re Kay's Settlement [1939] Ch. 329 distinguished.
Action.
By a deed of separation dated January 23, 1941, and made between the defendant, Bernard
Charles Hartley, of the first
[1949] Ch. 213 Page 214 part, Violet Hartley his wife of the second part and the plaintiff their daughter, then Joyce Violet
Hartley (afterwards Mrs. Cannon) of the third part, the defendant and his wife agreed to live apart by reason of unhappy differences which had arisen between them. The deed
ICLR: Chancery Division/1949/CANNON v. HARTLEY. - [1949] Ch. 213
[1949] Ch. 213
[CHANCERY DIVISION]
CANNON v. HARTLEY.
1948 Nov. 19, 22.
ROMRE J.
Settlement - Deed of separation - Covenant to settle after-acquired property - Breach of covenant Volunteer's right to claim for damages.
A volunteer who is a party to a deed and a direct covenantee thereunder is entitled to damages for breach of a covenant contained in the deed.
By a deed of separation made on January 23, 1941, between the defendant of the first part, his wife of the second part and the plaintiff, their daughter, of the third part, the defendant covenanted, inter alia, "If and whenever during the lifetime of the wife or the daughter the husband shall become entitled .... under the will or codicil .... of either of his parents .... to any money or property exceeding in net amount or value 1,000l. he will forthwith at his own expense .... settle one-half of such money or property upon trust for himself for life and for the wife for life after his death and subject thereto in trust for the daughter absolutely ...." In 1944 the defendant became entitled, subject to a prior life interest therein of his mother, to a quarter share of a fund of approximately 50,000l. The defendant's wife died in 1946. The defendant refused to execute a settlement in accordance with the said covenant. On a claim by the plaintiff for damages for breach of the covenant:Held, that the plaintiff was entitled to damages.
In re Pryce [1917] 1 Ch. 234 and In re Kay's Settlement [1939] Ch. 329 distinguished.
Action.
By a deed of separation dated January 23, 1941, and made between the defendant, Bernard
Charles Hartley, of the first
[1949] Ch. 213 Page 214 part, Violet Hartley his wife of the second part and the plaintiff their daughter, then Joyce Violet
Hartley (afterwards Mrs. Cannon) of the third part, the defendant and his wife agreed to live apart by reason of unhappy differences which had arisen between them. The deed