HL Deb 04 August 1914 vol 17 cc324-7

Order of the Day for the House to be put into Committee, read.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF DONOUGHMORE in the Chair.]

THE LORD CHANCELLOR (VISCOUNT HALDANE)

My Lords, I take this opportunity of saying that this Bill has been in the hands, so far as its judicial side is concerned, of Lord Halsbury and Lord Atkinson, and I am going to ask my noble and learned friend Lord Atkinson, who is familiar with what has taken place with regard to the Bill, to deal with it in Committee.

Clauses 1 to 6 agreed to.

Clause 7:

The Settlement dated the twenty-seventh day of July One thousand nine hundred and four varied.

7.—The said Indenture of Settlement of the Twenty-seventh day of July One thousand nine hundred and four shall be and the same is hereby varied and shall be read and have effect henceforth as if the life interest given by the said Settlement to the said Sybil Maud Pack-Beresford in the said Thirty thousand pounds Fund had been omitted and as if the life or other interest thereby given to the said Henry John Pack-Beresford in the income of the said Ten thousand pounds Fund had extended to the income of the said Thirty thousand pounds Fund and as if no reversionary life interest had been thereby given to the said Sybil Maud Pack-Beresford in the said Ten thousand pounds Fund and the special power of appointment in favour of children and issue of the said marriage by the said settlement given to the said Henry John Pack-Beresford over the Thirty thousand pounds Fund and the Ten thousand pounds Fund respectively in the events in the said Settlement mentioned shall be and the same is hereby made presently exercisable as if the said Sybil Maud Pack-Beresford had died in the lifetime of the said Henry John Pack-Beresford without ever having exercised the said special power of appointment thereby given to her over or in respect of the same funds and no consent of the said Sybil Maud Pack-Beresford shall henceforth be required to the exercise by the trustees or trustee for the time being of the said Settlement or any power thereby given to them or him. And the power by the said Settlement given to the said Sybil Maud Pack-Beresford to appoint a life interest in the income of the Thirty thousand pounds Fund to the said Henry John Pack-Beresford in the event of his surviving her and also the power thereby given to the said Sybil Maud Pack-Beresford in the event of her marrying again to revoke the trusts declared by the said Settlement concerning any part or parts of the trust funds and property thereby settled and to settle the same upon trusts for the benefit of a future husband and the children or issue of a future marriage shall he and the same are hereby extinguished. And the power to appoint a new trustee or new trustees of the said Settlement shall henceforth be exercisable by the said Henry John Pack-Beresford during his life as if the said Sybil Maud Pack-Beresford were dead. Provided always that nothing in this Act contained shall prejudice or affect the general power of appointment given by the said Settlement to the said Sybil Maud Pack-Beresford as hereinbefore mentioned in the event of there being no child of the said marriage who shall being a son attain the age of 21 years or being a daughter attain that age or marry under that age.

LORD ATKINSON

My Lords, this Bill was introduced to dissolve the marriage of Henry John Pack-Beresford, of Kellestown House, in the County of Carlow, Major, with Sybil Maud Pack-Beresford, his now wife. The Bill was read a second time, but Clause 7 contained provisions as to the reformation of the marriage settlement which appeared to noble Lords who were present at the Second Reading to be objectionable. Since then the parties have agreed upon a clause which meets with the entire approval of those noble Lords, and I therefore move that Clause 7 now in the Bill be omitted and that the amended clause be inserted in lieu thereof.

Amendment moved— Leave out Clause 7 and insert the following new clause: 7. The said Indenture of Settlement of the 27th day of July 1904 shall be and the same is hereby varied and shall be read and have effect henceforth as if the life interest given by the said Settlement to the said Sybil Maud Pack-Beresford in the said Thirty thousand pounds Fund had been omitted and as if the life or other interest thereby given to the said Henry John Pack-Beresford in the income of the said Ten thousand pounds Fund had extended to the income of the said Thirty thousand pounds Fund and as if no reversionary life interest had been thereby given to the said Sybil Maud Pack-Beresford in the said Ten thousand pounds Fund and as if a provision were inserted therein in priority to the trusts in the said Settlement in favour of the issue of the said marriage that if both of them the said Denis John Pack-Beresford and Tristram Anthony Pack-Beresford shall die without having attained the age of 21 years the life or other interest by the said Settlement or this Act given to the said Henry John Pack-Beresford in the income of the said Ten thousand pounds Fund and in the income of the said Thirty thousand pounds Fund (if such interest shall be then still subsisting) shall thenceforth be confined to the income of the said Ten thousand pounds Fund and to the income of one half only of the said Thirty thousand pounds Fund and subject to such life or other interest as so confined the income of the said Ten thousand pounds Fund and of the said Thirty thousand pounds Fund shall be paid to the said Sybil Maud Pack-Beresford if she shall be then living during her life for her separate use without power of anticipation during any coverture And (without prejudice to the contingent life interest by this Act given to the said Sybil Maud Pack-Beresford in the income of the said Ten thousand pounds Fund and in the income of the said Thirty thousand pounds Fund as aforesaid) the special power of appointment in favour of issue of the said marriage by the said Settlement given to the said Henry John Pack-Beresford over the Thirty thousand pounds Fund and the Ten thousand pounds Fund respectively in the events in the said Settlement mentioned shall be and the same is hereby made presently exerciseable as if the said Sybil Maud Pack-Beresford had died in the lifetime of the said Henry John Pack-Beresford without loving exercised the special power of appointment by the said Settlement given to her over or in respect of the same Funds Provided always that no issue of the said marriage shall take a vested interest in either of the said Funds under any appointment which may be made by the said Henry John Pack-Beresford in exercise of the special power of appointment exerciseable by him as aforesaid unless such issue shall being male attain the age of 21 years or shall being female attain that age or marry And in the event of the said Sybil Maud Pack-Beresford surviving the determination by death or otherwise of the life or other interest by the said Settlement and this Act given to the said Henry John Pack-Beresford in the income of the said Funds the trusts arising under any exercise of such last mentioned power as well as the trusts by the said Settlement declared concerning the said Funds in default of appointment by the said Henry John Pack-Beresford shall (but without prejudice to the contingent life interest by this Act given to the said Sybil Maud Pack-Beresford as aforesaid) be accelerated and have effect as if the said Sybil Maud Pack-Beresford had died previously to such determination. And no consent of the said Sybil Maud Pack-Beresford shall henceforth be required to the exercise by the trustees or trustee for the time being of the said Settlement of any power thereby given to them or him And the power by the said Settlement given to the said Sybil Maud Pack-Beresford to appoint a life interest in the income of the said Thirty thousand pounds Fund to the said Henry John Pack-Beresford in the event of his surviving her is hereby extinguished And the power thereby given to the said Sybil Maud Pack-Beresford in the event of her marrying again to revoke the trusts declared by the said Settlement concerning any part or parts of the trust funds and property thereby settled and to settle the same upon trusts for the benefit of a future husband and the children or issue of a future marriage shall operate and have effect only in the event of both of them the said Denis John Pack-Beresford and Tristram Anthony Pack-Beresford dying under the age of 21 years and without prejudice to any life or other interest by the said Settlement or this Act given to the said Henry John Pack-Beresford Provided always that nothing in this Act contained shall prejudice or affect the general power of appointment given by the said Settlement to the said Sybil Maud Pack-Beresford in the event of there being no child of the said marriage who shall being a son attain the age of 21 years or being a daughter attain that age or marry under that age or the ultimate trusts in default of appointment thereunder.—(Lord Atkinson.)

On Question, Amendment agreed to.

Clause 8:

Sybil Maud Pack-Beresford prohibited from marrying Charles Stewart Burnett.

8. The said Sybil Maud Pack-Beresford shall not inter-marry with the said Charles Stewart Burnett and any marriage celebrated between them shall be null and void.

LORD ATKINSON

This clause has been introduced according to the usual practice, and I move that it be omitted according to the same practice.

Amendment moved— Leave out Clause 8.—(Lord Atkinson.)

On Question, Amendment agreed to.

Then Standing Order No. XXXIX considered (according to Order) and dispensed with: Amendments reported: Bill read 3ª, and passed, and sent to the Commons.