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Lady Hoof Of Avalon V. Mackinnon Notes

BCL Law Notes > Restitution of Unjust Enrichment BCL Notes

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LADY HOOD

OF

AVALON V. MACKINNON

FACTS By an indenture of settlement made upon the marriage of the plaintiff, Baroness Hood of Avalon, with the late Lord Hood of Avalon (referred to as the Hood settlement), certain personal estate was settled upon trust during the joint lives of Lord Hood of Avalon and the plaintiff to pay the income to Lord Hood, and after the death of either of them to pay the income to the survivor of them for life, and after the death of such survivor in trust, as to the capital and income, for all or such one or more exclusively of the other or others of the issue of the marriage, if more than one, in such shares and in such manner as Lord Hood of Avalon and the plaintiff should by deed, with or without power of revocation and new appointment, jointly appoint...
There were issue of the marriage two daughters and no other child, the elder being the defendant Emily Isabel Mackinnon, and the younger Fanny Sophia Allen. On the occasion of the marriage of Emily Isabel to Francis Alexander Mackinnon, and with the view of making a provision for that daughter and her issue, Lord and Lady Hood of Avalon executed a deed poll, whereby it was appointed that the trustees of the Hood settlement should, subject and without prejudice to the respective life interests therein of Lord Hood of Avalon and the plaintiff, stand possessed of one equal half share of the stocks, funds, shares, securities, or property then or thereafter subject to the trusts of the Hood settlement in trust for the defendant E. I. Mackinnon absolutely.... Lord Hood of Avalon died on November 16, 1901. Fanny Sophia, the younger daughter, married Henry Allen, but no appointment or settlement was made on such marriage. The plaintiff on October 24, 1902, in exercise of the power given to her by the Hood settlement, irrevocably appointed that after her decease the sum of 1600l. should be raised out of the funds subject to the trusts of the Hood settlement and be held in trust for Mrs. Allen (the younger daughter) for her absolute benefit. On January 16, 1904, the plaintiff, being desirous of further assisting her younger daughter, executed another deed poll irrevocably appointing a further sum of 7000l. in similar terms to Mrs. Allen absolutely. The plaintiff, on August 4, 1904, in exercise of the power under the Hood settlement, irrevocably appointed a sum of 8600l. to the defendant E. I. Mackinnon absolutely. (Elder daughter. 7000 +
1600). The plaintiff by her statement of claim alleged that this last deed was executed under a serious mistake as to the facts, and that her

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