Re Plumptre's Marriage Settlement
1910 · [1910] 1 Ch 609
Posted By lanbuk.com
- Facts
- A wife covenanted to settle after-acquired property. The next of kin, who were outside the , sought to enforce it.
- Issue
- Could volunteers enforce the covenant?
- Held
- No. They were volunteers and equity would not assist them.
- Principle
- Equity will not assist a to enforce an incompletely constituted .
- Why it matters
- It is the classic case for the volunteer rule.
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.
- Volunteer
- A person who has given no value. Equity will not help a volunteer to enforce an incomplete gift or trust. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.