A FORTUNE AT STAKE

Sun (Auckland), Volume IV, Issue 979, 23 May 1930, Page 16

A FORTUNE AT STAKE

GRETNA GREEN MARRIAGE SEQUEL IRREGULAR CEREMONY A Gretna Green "marriage” had a sequel in the Chancery Division when Mr. Justice Maugham entered judgment for Miss Helen Sefton-Toms, described as a single woman. The defendants were Mr. Hugh William Stirling, Mr. Cecil Davis Jackman, and Mr. Julian Campbell, trustees of a settlement dated January S, 1926, made between Miss Sefton-Toms and Mr. Derek Sefton-Toms. Sir Thomas Hughes, K.C., for the plaintiff, said Miss Sefton-Toms asked for an order on the trustees to transfer to her the trust funds, the subject of the settlement, on the ground that she was absolutely entitled to them. The trustees were not prepared to agree to the transfer without an order of the court. A Substantial Fortune The plaintiff was a Miss Helen Betts, and on January 9, 1926, she was married to Mr. Sefton-Toms. She had a very substantial fortune, which was settled by a deed made on the day before the marriage, the trust fund amounting to about £40,000. The marriage was not very fortunate, and in 1928 a divorce was granted. In November, 1929, the plaintiff exercised the power of appointment given to her by the deed of settlement, and appointed the trust funds to herself. The difficulty had arisen because inthe previous September she left London with her present husband for Gretna Green, and the next day they went through what was called a ceremony of marriage at the blacksmith’s shop. Two Marriages. If that; were a valid marriage, the lady had no power of appointment, as the marriage took place before she exercised it. The couple were regularly married in London last January.

The plaintiff had been advised that the Gretna Green ceremony had not much importance. The couple left London by motor-car. The lady apparently described herself as Helen Betts, from the parish of Dornoch, Sutherland. The only justification for that statement was that some ten years ago she had stayed there. Gretna Ceremony Sir Thomas explained that the lady was not present in court, as she was in a delicate state of health. He read an affidavit by her relating the facts of the Gretna Green ceremony. Her husband, Mr. Cairns, said he had never been in Scotland before he went to Gretna Green. Describing the ceremony there, he said: “We were taken into a room, where the blacksmith told us to hold hands on the anvil. He asked if we were both single persons, and we said yes. I then took the ring out of my pocket, and was told to put it on Miss SeftonToms’s finger, which I did. The blacksmith then pronounced us man and wife.” Quite Irregular The witness added that for the 21 days preceding the ceremony both he and the plaintiff were living in London, and seeing each other practically every day. Following corroborative evidence, Mr. Justice Maugham said he was satisfied that the ceremony at Gretna Green was quite irregular, neither party having lived in Scotland for the necessary period. That being so, the plaintii*s exercise of her power of appointment was valid, and he made an order on the defendants to transfer to her the investments, etc., the subject of the deed of settlement, subject to their proper costs being provided for. '