Info 2c, Caton V. Caton Close info Window

Leeds Mercury 28 January 1864
CATON -Jan. 24th, aged 90, the Rev. Richard Bewley Caton, M.A., of Binbrook, Lincolnshire

4th April 1864;
The Reverand richard bewley Caton
effects under 30,000
The will of the late Reverand richard bewley Caton late of 21 Blanford Square in the parish of Marylebone in the county of Middlesex, Clerk deceased, who died 24 january 1864 at blanford /Square aforesaid was provedat the Principle Registy by Oaths of Richard redmond Caton of 17 York Street Portman Square in the said parish Esquire and Thurston bewley Caton of 29 Milson Street in the City of Bath Esquire, the sons, two of the Executors.

PRO document
Cause number: 1864 C72. 
Short title: Caton v Caton. 
Documents: Bill, interrogatories, three answers, interrogatories. 
Plaintiffs: Harriet Caton widow. 
Defendants: Richard Redman Caton and Thurston Bewley Caton. 
Provincial solicitor employed in Lincolnshire.  
1867 May 21 The Times
This was an appeal from a decision by the Lord Chancellor pronoounced in a suit for obtaining relief under a parole contract in consideration of marriage. The facts as far as they were material to the case, were as follows:- In the autumn of the year 1852 a gentleman named Richard Bewley Caton, since deceased and then a widower, made proposals of marriage to the plaintiff, Mrs. Harriett Caton, then a widow. Mrs. Caton had a life interest in certain real estates in Ireland, and she was possessed of personal estate,consisting of mortgages, railway debentures and some other property, amounting to about 13,000/-.

A proposal was made to settle the whole on Mr. Caton for his life, subject to an annual sum of 80/-., by way of pin money, with remainder to her absolutely, with power to her to dispose of the property by will, and it was further part of the proposal that a leasehold house belonging to Mr.Caton should be settled on Mr. Caton for his wife with furniture.
After his death it was to go to her for her life, together with the furniture. There was a further proposal, that all- after property acquired by Mrs.Caton should be settled in the same way as that which she then had in possession. These proposals were reduced into writing and were signed by Mr.and Mrs.Caton, and were submitted to the lady's solicitor with directions to prepare the necessary documents.
A draught settlement was then accordingly drawn by the solicitor and sent by him to Mrs. Caton who handed it over to Mr. Caton. On the following day the parties called upon the solicitor and expressed their approbation at what had been done. Mr.Caton who was at the time 80 years of age, subsequently persuaded Mrs.Caton, who was 60 years of age, that it was ridiculous at their time of life to have a marriage settlement, and that she had better rely on his promise to leave the whole of the property to her by will.

Directly after the solemnization of the marriage Mr. Caton made a will in accordance with the above arrangement, and the result was that Mr.Caton obtained possession of all of the lady's property.
On the 24th January 1864, Mr. Caton died,when it was subsequently discovered he had made another will materially decreasing the provision made for her under the first will.
Mrs. Caton then filed a bill praying relief from the second will. The respondent insisted upon the fact there was no contract in writing signed by the testator, and they insisted on the Statute of Frauds as presenting an insuperable bar to the relief which was sought by the bill. Vice-chancellor Stuart decided in favour of Mrs. Caton.
The Lord Chancellor, however upon appeal, reversed the decision of Vice-chancellor Stuart and dismissed the appeal, with costs.

Their Lordships, now affirmed the judgement of the Court below, and dismissed the appeal with costs, notwithstanding an entreaty by Lord Westbury that they would take the hardship of Mrs. Caton into consideration.
Appeal dismissed with costs accordingly.

21st November 1873
Harriet Caton
effects under 8,000
The Will with a Codicil of Harriet Caton,
late of 1 Melbury Terrace Harewood Square in the county of Middlesex Widow,
who died 28th October 1873 at 1 Melbury Terrace, was proved at the Principle Registry Office by George Nelson Emmet of 14 Bloomsbury Square and of 52 Kensington Park Road both in the said counnty, Gentleman; and the Reverend James Keeling of 35 Blanford Square in the said county, clerk The Executors

Back to TOP
Close info Window
© JCC Glass
updated 4th August 2008
Use portrait to print