Pullan v Koe
1913 · [1913] 1 Ch 9
Posted By lanbuk.com
- Facts
- A wife covenanted in her marriage settlement to settle property she received later. She received money and it was invested in bonds in her husband's name.
- Issue
- Could the trustees claim the bonds for the children?
- Held
- Yes. The children were within the , so the covenant could be enforced on their behalf.
- Principle
- within the marriage consideration can enforce a covenant to settle. Equity regards as done what ought to be done.
- Why it matters
- It shows that equity assists those who give value.
Words and Latin in this note
- Marriage consideration
- The payment, in money or in kind, that moves from the man's side to the woman's family when a customary marriage is made. It marks the families' agreement. It may be waived. If the marriage ends, it is the usual accounting between them. It is not a sale of the woman. Open the note.
- Consideration
- The price of a promise: something of value given, or promised, in return. A bare promise to make a gift has none. Open the note.
- Beneficiary
- A person entitled to the benefit of trust property in equity, who can make the trustees carry out the trust. Open the note.
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