## Facts

- John Jefferys executed a voluntary family settlement (1834) intending to make provision for his daughters, Martha, Charlotte, and Sarah.
- Under the settlement, John conveyed certain freehold estates to trustees on trusts for the daughters.
- In the same instrument, John covenanted to surrender certain copyhold estates to the trustees on the same trusts, but he did not complete any surrender of the copyholds during his lifetime.
- John later made a will devising parts of the same property to his widow, Isabella.
- Sarah died in 1835; her interest passed to Martha and Charlotte.
- John died in 1836; Isabella, claiming under the will, was admitted tenant to some of the copyhold property in the manor court.
- Martha and Charlotte sued in Chancery to carry the settlement trusts into effect and to compel Isabella to surrender the copyholds to the trustees.

## Issues

1. Whether the voluntary settlement was enforceable as to the freehold estates where the trust had been fully constituted by conveyance to trustees.
2. Whether equity would compel performance of a covenant to surrender copyhold estates for volunteer beneficiaries when the settlor died without completing the surrender and the widow later acquired legal title by admittance.

## Decision

- The court ordered the trusts of the settlement carried into effect as to the freeholds because the daughters’ equitable title under the settled freeholds was complete.
- The court dismissed the bill (with costs) as to the copyholds, refusing to compel the widow to surrender copyhold interests to the trustees.

## Legal Principles

- A voluntary settlement is enforceable in equity when the settlor has completely constituted the trust by transferring the property to trustees; lack of consideration does not defeat enforcement once the trust is fully created.
- Equity will not grant specific performance of a bare covenant to transfer property in favor of volunteer beneficiaries where the trust remains imperfectly constituted.
- For copyhold land, effective transfer required surrender and subsequent admittance; a covenant to surrender, without completion of the required acts, left no enforceable trust interest for volunteers against a legal holder.

## Conclusion

Chancery enforced the daughters’ rights in the freeholds because the trust was fully constituted, but it refused to enforce the unperformed covenant relating to copyholds, applying the rule that equity does not assist volunteers to perfect an incomplete settlement against a party holding legal title.


Jefferys v. Jefferys, 41 Eng. Rep. 443 (Ch. 1841)