1839. No. X. Writ of Venditioni Exponas. VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To the Sheriff of greeting. WHEREAS, by our writ, we lately commanded you that of the goods and chattels of C. D. (here recite the fieri facias to the end). And on the day of you returned to us in our Court of Chancery aforesaid, Witness ourself at Westminster, the in the year of our reign. COTTENHAM, C. LANGDALE, M. R. LANCELOT SHADWELL, V. C. affirmed on TULLETT v. ARMSTRONG. March 22. NATHANIEL BRADFORD, by his will, dated A testator the 27th of March 1820, gave, devised, and bequeathed unto his daughter, Ann Bradford, and William Gates, and their respective heirs, executors, administra gave property to trustees, in trust for his wife for life, with re mainder to tors, M. A. T., then a feme sole, for life, in such manner that it should not be anticipated, and that no husband should acquire any control over it. M. A. T. was unmarried at the death of the testator, but she married in the lifetime of the widow: Held, that both the separate use clause, and the restriction against alienation, became effectual on her marriage. Property given to a woman for her separate use, independent of any husband, may be enjoyed by her as her separate estate, although the property becomes vested in her while discovert. If the gift be made for her separate use, without more, she has, during coverture, an alienable estate independent of her husband; but if the gift be for her separate use, without power of alienation, she has, during coverture, an unalienable estate independent of her husband; in either case however, she has while discovert, a power of alienation. The restraint against alienation is annexed to the separate estate only, and the separate estate has its existence only during coverture; but whilst the woman is discovert, the separate estate, whether modified by restraint or not, is suspended, and has no operation, though it is capable of arising upon the happening of a marriage. 1838. TULLETT v. ARMSTRONG. tors, and assigns, all and every his freehold, copyhold, and leasehold estates, and all his personal estate; to hold the same unto the said Ann Bradford and William Gates, their heirs, executors, administrators, and assigns respectively, according to the nature thereof, upon trust, to stand seised and possessed of the same respectively, during the life of the testator's wife, Ann Bradford, in trust for her; and from and immediately after her decease, upon trust for- and the said testator thereby gave and devised unto his said daughter, Ann Bradford, amongst other things, his freehold messuage or tenement, and the hereditaments and premises, situated in Church Street, Brighton; to hold the same, with the appurtenances, unto his said daughter, Ann Bradford, and her heirs and assigns. And from and immediately after the decease of the said testator's said wife, upon trust for and he thereby gave and devised unto and equally between his said daughter, Ann Bradford, and his grandaughters, Georgiana Pierpoint, and the Defendant Mrs. Armstrong, by her then name of Mary Augusta Tilt, a copyhold messuage and premises, situate in Brighton Place; to hold the same copyhold premises, and the appurtenances, unto and equally between his said daughter, Ann Bradford, and his said grandaughters, Georgiana Pierpoint and Mary Augusta Tilt, during their joint and several lives, as tenants in common; and in such manner, that neither his said. daughter, nor his grandaughter, should anticipate, sell, assign, or dispose of their several and respective life estates, so devised to them in the said copyhold premises and the rents and produce thereof; and so and in such manner, that neither any husband or husbands of his said daughter or grandaughters, should have or acquire any right in, or control over, the life estates or interest of his said daughter or grandaughters respectively; nor should the same be liable to the debts, con trol, trol, forfeiture, or engagements of any such husband; and from and immediately after the decease of the survivor of them, his said daughter and grandaughters, upon the trusts therein mentioned. And from and immediately after the decease of his said wife, upon trust for-and the said testator thereby gave, devised, and bequeathed unto the said Mary Augusta Tilt, one undivided moiety of a copyhold messuage or tenement, hereditaments, and premises, in East Street, Brighton; and also the entirety of a leasehold coach-house and stable on the west side of Jubilee Street, then in the occupation of Patrick Conolly, or his under tenants, erected on a part or piece of land holden by the said testator, under lease from John Paine, for a term of ninety-nine years, as therein mentioned; and also a piece or parcel of leasehold land then used as a garden, and in the said testator's own occupation, situate on the north side of Jubilee Street aforesaid, adjoining to the said coach-house and stable, and being other part of the ground holden by the said testator, under lease from John Paine; to hold the same last-mentioned premises, with the appurtenances, to and to the use of the said Mary Augusta Tilt and her assigns, during her life, subject as therein mentioned, and with such limitations or remainders over as therein mentioned and after some other bequests, the said testator directed and declared it to be his will and intention, that the devises and bequests therein-before made by him to his grandaughters, Georgiana Pierpoint and Mary Augusta Tilt, were so given and devised to them, free, exonerated from, and not subject to the rights, control, interference, debts, contracts, and engagements of any husband; and were to be taken and received by the said Georgiana Pierpoint and Mary Augusta Tilt, as if they were sole and unmarried; and so to be holden and enjoyed by them respectively. 1838. TULLETT v. ARMSTRONG. 1838. TULLETT บ. ARMSTRONG. The testator died in 1820, leaving his wife Ann Bradford, his daughter Ann Bradford, and his grandaughter Mary Augusta Tilt, who was then unmarried, him surviving. On the 25th of August 1826, Ann Bradford the daughter, made her will, and thereby, inter alia, gave and devised unto Nathaniel Bradford and Nenyon Masters Bradford, therein described, from and after the decease of the said testatrix's mother, Ann Bradford, all that the said testatrix's messuage or tenement and premises, situate in Church Street, Brighton, aforesaid; to hold the same unto the said Nathaniel Bradford and N. M. Bradford, their heirs and assigns, upon trust, that they her said trustees, or the survivor of them, or his heirs, should receive and take the rents, issues, and profits thereof, and pay the same unto her niece, the said Mary Augusta Tilt, during her natural life, so and in such manner, as that the said Mary Augusta Tilt should not sell or dispose of her life interest therein, or any part thereof, or raise or borrow money thereon, by anticipation, mortgage, or otherwise; and so and in such manner as that the rents, issues, and profits thereof, should not be subject to the right, control, or interference of any husband whom the said Mary Augusta Tilt might marry; nor be liable to his debts, contracts, forfeitures, or engagements; and the said testatrix declared, that the receipt or receipts of her said niece only, should be a good and sufficient discharge and discharges to her said trustees or trustee, for the time being, for such rents and profits, or for so much thereof as should in such receipts be expressed to have been received; and that any sale or disposition for raising money by mortgage or otherwise, of or upon her said niece's life interest, should be from time to time null and void: and from and immediately after the decease of the said Mary Augusta |