1938-03-07 — Page 3

THE HONGKONG TELEGRAPH. MONDAY, MARCH 7, 1938,

M.P.'s CLAIM AGAINST HIS RICH WIFE

Marriage Brought Her Income of £70,000 a Year

N M.P's wife who, before her marriage, had only a small income, but after it became entitled to between £70,000 and £90,000 a year under the will of her grand- father, opposed her husband in litigation in the Chancery Division.

Captain A. S. Cunningham-Reid, Conservative M.P. for St. Marylebone, claimed as binding two deeds, drawn up after the marriage, providing him with part of his wife's income.

The Hon. Mrs. Cunningham-Reid, now living apart from her: husband, contends that the deeds are revocable, and also claims back moneys spent by the husband. He says they were gifts.

Mention of "extensive gambling" by both parties, and the purchase of a yacht, was made by Sir Stafford Cripps, K.C., re- presenting the captain, during an opening speech which lasted all day.

Famous

Legal Figures

Six loading legal figures appear in the case, including four K.C...

Sir Stafford Cripps. K.C.. Mr. F. R. Evershed, K.C. and Mr. Valentino Holmer for Cap- tain. Cunningham-Reid.

K.C. ON WHEN THEY

LIVED HAPPILY"

solicitors what would happen in the

event of a dissolution of the mar

FIVE-YEAR DISPUTE Another point was connected with rlage. She was informed that if she the management of the wife's estate insisted on entering into a covenant at Newmarket,

of which she, whe to pay her husband one-third of her tenant for life. K.C.,uncome from the companies for life In the course of the management trustees should be appointed and of that property Captain Cunning- clause inserted giving

assets in "In the event of something cham-Reid sold certain

happen respect

of which the trustees made ing to disturb your present happy a claim. It was a complicated mat- ilfeto return the shares to her. ter which had been disputed for five

years.

Sir Patrick Hastings, Mr. Cyril Radcliffà, K.C. and Mr. Charlos Russell for tho defendants.

She refused to accept this advice and persisted in entering into the covenant. She said she would be ham Securities, Limited. would seal obliged if the directors of Cunning

in order to bulld-up a capital sum which he could call his own. was initiated by a letter of authority A method of running joint accounts to Lloyds Bank, sent immediately the document. after, or in the middle of, the honey-

moon,

Negotiations were sul gulgon, and it was alleged that the husband wife against any claim that might was responsible for indemnifying his be made against her.

the document was that it was in- and part of the furniture and effects, One thing abundantly clear from In regard to the Brook Street house tended not to be revocable without it was alleged that they were pur- That account was opened and it was the savings from that joint ne- the consent of the other party to chased out of the joint account and count whleh were to provide an the deed.

that, although they had always been Accumulating sum for the husband. It was her own insistence, accord-in the husband's name, he now held

As there was

own perfect agreementing to her

solicitors letters, them as trustee for the wife. between them at that time, nothing which led to the formulation of such There was a single-premium lite was done about putting matters into a document and to 11s being in a policy for £100,000 taken out with writing.

form which

did not allow her to the Prudential Company on Mrs. Matters proceeded normally, and revoke it in such an event as had Cunningham-Reid's Hre. The interest Before her marriage. Mrs. the wife and upon the companies.

very large sums were spent on the now occurred.

premium polley was on the single "DEEDS REVOKED" -Cunningham-Reid was the Hon.

current expenditure of travelling and

The other document, entered into paid out of the joint account. The "The deeds were made for the pure household. From time to time about two years later, dealt with re-policy was expressed to be in favour Ruth Mary Clarisse Ashley, pose of assuring to the husband there was younger daughter of Lord Mount portion of the

of Captain Cunningham-Reid. a surplus, which was in- ceipts from the Canadian company. wife's Income, the vested by the husband.

On December 2, 1936, Mrs. Cun- It was now alleged that it should Temple and sister of Lady Louis wife being in possession of a very

large income of the value of between the wife became very insistent upon notice and had since refused to re- the

After the birth of the first child ginghum-Reid left her husband in really have been in favour of the Mountbatten.

his house at Brook Street without wife, and that she was entitled to £70,000 and £90,000 a year from trying to find a way of making a

beneßt of it. the trustees of her, grandfather's settlement on her husband and the turn.

Then there was a motor-boat, built child. The surpluses from the join!!

On December 17, she executed two in Paris to the order of the husband, left by their grandfather. Sir Ernest that the deeds were revocable with-cut were not sufficient, in her revoke, unitaterally, the two docu-Mediterranean. It was also paid for

Sir Stafford said it was claimed

deeds under scal purporting to which was used subsequently in the Cassel, the firuncier.

view. Captain Cunninghum-Reid's claim out the consent of the husband, and

out of the joint account, and it was had been duly revoked. was against his wife. ngainet

new alleged that the husband held the Counter-elains by Cunningham Securities, Lid., and

wife in-

the motor-bont ns cluded

trusice for his wife. one In Tommil Holdings, Ltd., companies set

respect of moneys by the husband expended

during in connection with the estate. up

BOTH IN COURT

the ten years they lived together, out of the joint account of the husband and wife. the By his reply the husband claimed the moneys were gifts to him that the

She married Captain Cunningham- Reid in 1027, She was then co- will "0" heiress, with her sister, to £0,000,000

and

The captain and his wife sat in court at opposite ends sollellors' table.

a

husband.

account.

inents.

INVESTMENTS Further, there was a number of unvestments in the name of the hus- band which were similarly alleged to be held by him as trustee for his

certain mis-

Before her marriage. Mrs. Cun- | Cunningham-Reld and his sister-in-your tocily to the matters before wife.

Sir Stafford Cripps, opening for from the wife. Captain

Cunningham-Reld, said:

The

The

As

to

save

were

any of these moneys had gone to the benefit of the husband, it was the express intention of the wife, and

was done for the purpose of carrying out her desire that he should have some property and income of his

"SAVING TAXATION"

"TWO PETITIONS" Immediately after the honeymoon,

"Since December, 1038," Sir Staf- house had been purchased in ford continued, "divorce proceedings; Brook Street, W., in the name of the have been started by the wife and it was paid for and partly there is a cross-petition by the hus- furnished by funds from the joint band against the wife. Those cases,

I understand, are awaiting trial. The history of the two deeds be-

"So far as I am concerned, I shall 1930 gan with a discussion in July. at a luncheon between Captain

adhere

and say nothing that Finally, there law, Lady Louis Mountbatten,

might

make the position worse bcellaneous payments, made out of the who spoke of the formation of an Englishween the parties, which would be joint account tu cash to the husband,

unfortunate thing to do." 1471

which it was alleged he should repay laxation on her company

Dealing with the wife's counter-as

been having

made without very large income,

claim, Sir Stafford Cripps said it authority. result, the husband and Lord was alleged that all, the money of Sir Stafford sald the defence to the Louis Mountbatten went to see a Mrs. Cunningham-Reid were paid counter-claim was that, in so far as Mr. Pegler,

gler, an expert in such mat into a joint account at Lloyds Bank, eters. Eventually, arrangement

was made by which all shares were and that authority was given by her in the wife's name, but the executed and her husband to the bank for income neeruing from the shares

deed by which one-third of her either to draw on the account.

ALLEGATION was to be pald direct to the husband by the company.

BY WIFE The scheme was that Mrs. Cun- covenanted to pay to ningham-Reld

That authority was alleged by Mrs. the Cunningham Securities, Limited, Cunningham-Reid to have covered up to £80,000 of her income and, nothing but household expenses in, consideration

for that, she gut and expenses incurred by the hus- £50,000 worth of shares in the com- band and wife together-establish- pany.

The second mandate referred to the sale of 1.000 Deferred shares inninghan-Reid withdrew

It was alleged that Captain Cun- Cunningham Securities, Limited, to money from that account at various the Canadian company for a

times over a period of ten years sideration of £80,000 in promissory when they were living happily to

gether, and

those surns were Subsequently, the question of

the

ufand Captain Cunningham-Reid's interest invested or used for purchase

In his property

name or in some was revived.

ather

way for his bencht alone. Mrs. Cunningham-Reid has claim- ing the return of that money on the basis that her husband was trustee for her In respect of it.

"This is a matter which arises beningham-Reid was receiving a com- tween husband and wife who are now paralively small allowance from the separated, having regard to certain trustees, and the prospective hus- Anancial transactions which took band had to provide most of the place when they were living together.

monc

for her trousseau and for the The wife is the granddaughter of the wedding present she made him. late Sir Ernest Cassel,

"VERY MUCH IN LOVE" company, Cunninghari Immediately after the marriage Securities, Limited, is an English wife became an immensely wealthy company formed to deal

with the woman and, being very much in love wife's income. Tommil Limited, is a Canadian company, was extremely anxious to provide an Holdings with her husband at that time, she formed for the same purpose.

Independent income for him: marriage took place on May He had a very small income, but 12, 1927, when the wife was a ward under the terms of the will she could in Chancery. She was then 20 years not settle any of the property on of age and Court consent had to be him. obtained to the marriage. That con-

the During the honeymoon, in sent was given by Mr. Justice Rus-south of France, she discussed the sell, as he then was.

question with her husband and in- There are two children-one baris pressed upon him that some, method In 1928 and the other in 1920. The should be found by which she could husband and wife lived together settle some money upon him. until December 2, 1030, when the wife left her husband, and the pre- sent action arises out of certain ar- rangements made in regard to both their incomes while they were living happily together.

"PERFECT

AGREEMENT"

She suggested that any savings she The claim by the husband is for made out of their joint incomes declaration that certain deeds should become the husband's pro-i entered into are still binding upon perty, and should be invested by him

notes.

ADVICE REFUSED

con-

Mrs. Cunningham-Reld asked her

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inent expenses.

that

sums

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Mrs. Cunningham-Reid was fully acquainted, throughout the period of their happy married life, with. lie course of the

Transactions through the joint account,

"PERFECTLY NATURAL" Prior to September 2, 1938, she never suggested

that her husband was doing otherwise than implement- them, or that he was doing anything ing the arrangements, made between otherwise than that which she up- proved and, indeed, desired.

"It seems to be perfectly natural and understandable that tionate

that an affec- ate wife, with an assured" capital £2,000,000 in the hunds of trustees, and with a very large In- come, should desire that her husband should have some measure of fina- cial

independence." gald Sir Stafford. Counsel added that he did not pro- pose to read letters to show that there was a great deal of affection

There was the purchase of certain property on which a second mortgage was taken by the husband. It was now alleged that it was paid for by throughout the married life up to him out of the joint account and, as the time they parted,

It was on the wife's property, shej Sir Stafford Cripps had not Anished asked for 11

declaration that the his opening speech when the hearing mortgage was gull and void, I was adjourned,

£2,000,000 HEIRESS TO

MARRY AGAIN

New York.

"I am going to marry again

as soon as the right man comes She Was His

along.", declared Ann Cooper Hewitt, the "sterilised heiress,” to-day as she hastened her plans for the annulment of her three- months-old marriage

with

Ronald Gay, a garage foreman.

"I am not in love with anybody at present."

She has returned her diamond engagement ring, but has kept her valuable wedding ring. "I paid for it," she said.

Daughter

now.

New York.

"It is going to be hard to leave you

You may not be ileve this, but you are the only person you turn out to be my daughter."

ever saw whom I really liked, and

This letter, written by Nelson Meese, aged 47, was in the purse of 17-year-old Nellie Hollis when their two bodles were found in the home the girl's mother in Scottdule, Pennsylvania..

The coroner, Dr. McMurray, re- corded the tragedy as a case of

of

Qay admitted that he has almost given up hope of a reconciliation. It Is too hard trying to be Mr: Ann Cooper Hewitt," he said. "All I want Dr. McMurray attended the girl's

is to return to the quiet life led be- fore."

Under her father's will Ann inherits £2,000,000, but this passes to her nother if she dies childless. She dropped an action she brought against Ther mother, alleging that she was tricked into sterilisation operation.

"Rope Trick" Goos To Sea

Paris. A fakir's rope trick inspired Michael Leroy, a former flying ace, to produce a device to save men en- tombed in sunken submarines. It !s eniled rockchain, and tan 1st

thrown 225 feet into the air, be coming a rigid column of steel. It Is believed that submarines could be immediately located by it.

murder and suicide and a terrible ending to a strange story.

birth. He said the mother was then unmarried, but afterwards married a man named Hollis

Ilo belleves the father never saw the child, except at the time of her birth, unill he met her recently and fell in love,

Last November Meeso wrote to Nellie: "You have filled a place for me that has been empty for many years. You won't have to tell me in. words that you like me-I know you do. I'm sure you know how I feel about you,"

Ohio Newlyweds 71

1

Youngstown, O. After knowing each other for 60 years and llving as neighbours for 20 years, Mrs. Mary E. Tibbs and Peter J. Everly, both 71, were married.

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