Agnes Ryan and Mary Ryan v John Keogh, Catherine E. Keogh, Mary A. Keogh, and Thomas Ryan
| Jurisdiction | Ireland |
| Judgment Date | 26 November 1869 |
| Date | 26 November 1869 |
| Court | Court of Appeal in Chancery (Ireland) |
Ch. App.
Hammond v. Neame 1 Swan, 35.
Thorp v. OwenENR 2 Hare, 607.
Benson v. WhittamENR 5 Sim. 22.
Biddles v. BiddlesENR 16 Sim. 1.
Raikes v. WardENR 1 Hare, 445.
Carr v. LivingENR 33 Beav. 474.
longmore v. Elcum 2 Y. — Coll. Ch. C. 363.
Badham v. MeeENR 1 Russ. & My. 631.
Soames v. MartinENR 10 Sim. 288.
Gardiner v. BarberUNK 18 Jur. 508.
Raikes v. WardENR 1 Hare, 445.
Hammond v. Neame 1 Swan, 35.
Benson v. WhittamENR 5 Sim. 22.
Biddles v. BiddlesENR 16 Sim. 1.
Longmore v. Eleum 2 Y. Coll. Ch. C. 363.
Crockett v. CrockettENR 2 Phil.553.
Carr v. LivingENR 33 Beav. 474.
Scott v. KeyENR 35 Beav. 291.
Byne v. BlackburnENR 26 Beav. 41.
Badham v. MeeENR 1 Russ. & My. 631.
Webb v. kellyENR 9 Sim. 472.
Lewe v. LewesENR 16 Sim. 266.
Bayne v. CrowtherENR 20 Beav. 400.
De White v. De WitteENR 11 Sim. 41.
Bustard v. SaundersENR 7 Beav. 94.
Froggart v. Wardell 3 De. G. & Sm. 685.
kanpp v. NoyesENR Ambler, 662.
Badham v. NeeENR 1 Russ. & My. 631.
Badham v. Mee 1 R. & M. 631.
Longmore v. ElcumENR 2 Y. & C. C. C. 263.
Lewes v. LewesENR 16 Sim. 266.
De Witte v. De WitteENR 11 Sim. 41.
Bustard v. SaundersENR 7 Beav. 92.
Froggart v. WardellENR 3 De G. & Sm. 685.
Will — Construction Annuity.
Vor... IV.] EQUITY SERIES. to say that they did not object to this sum being transferred to him, but that they objected to the parts of the prayer which I have refused, they would have been in a more favourable position as to costs ; but, instead of doing so, they came in, and insisted that they were justified in bringing the money into Court. I shall, therefore, only limit the amount of the Petitioner's costs to such a sum as will be about equivalent to declaring him not entitled to the costs of those parts of his petition which he has failed to sustain. I shall limit his costs to £7, to be paid by the executors. Solicitors for the Petitioner : Messrs. Ford and Doherty. Solicitor for the Executors : Mr. R. W. Cherry.. AGNES RYAN AND MARY RYAN v. JOHN KEOGH, CATHERINE E. KEOGH, MARY A. KEOGH, AND THOMAS RYAN. Will-Construction-Annuity. An annuity charged on lands was bequeathed to three trustees and the longest liver of them, to continue during the life of the longest liver of them, and no longer, in trust to apply it " to assist in the support of" the testator's daughter, A., " in aid of, and towards the clothing, maintenance, and education of her children, free from the control or interference of her present or any future husband, and not subject to his or their debts, contracts, or engagements." After the death of A., her children, being all of full age, and forisÂÂfamiliated, filed a bill, praying for a declaration that the annuity was well charged on the 'lands, and that they were entitled to have it applied towards their clothing and maintenance, or otherwise for their benefit. Held (reversing the decree of the Vice-Chancellor), that the will created no trust in favour of the children of A. of which they could enforce the execution in Equity; and, therefore, that the trusts of the annuity ceased on the death of A. Tins was an appeal from a decree of the Vice-Chancellor. John Keogh, by his will, dated the 17th - of June, 1816, deÂÂvised certain lands and hereditaments to Peter Burrowes and Joseph Maxwell, and their heirs, charged with his debts, and the annuities and legacies thereinafter bequeathed, upon trust (amongst others) that, on the 1st of June, or the 1st of December, which THE IRISH REPORTS. [I. R. should first happen after his decease, his said trustees should thenceÂÂforward stand seised of, and assure and convey the same in trust to the use of the testator's fourth son, Michael Keogh, for his life, and, after his decease, to the use of his first and other sons, in tail male, with divers remainders over. The will then contained the following bequest :-" I leave and. bequeath to my daughter, Catherine Eliza, to my daughter, Mary Agnes, and to my son, Michael, and to the longest liver of them, one annuity or yearly sum of two hundred pounds sterling, to be paid by two equal half-yearly payments, the first half-yearly payÂÂment thereof to be made in twelve months after my death ; and said annuity to continue during the life of the longest liver of them, and no longer, in trust that my said daughters, and the longest liver of them, shall, during their respective lives, and my said son, Michael, should he survive my said daughters, Catherine Eliza and Mary Agnes, apply the said annuity to assist in the support of my said daughter, Abigail, in aid of and towards the clothing, mainÂÂtenance, and education of her children, free from the control or interference of her present or any future husband with whom she may marry, and not subject to his or their debts, contracts, or enÂÂgagements." And the testator desired that the said annuity should be charged on the lands devised to his son, Michael. At the date of the will, Abigail, the testator's daughter, was the wife of Edward Ryan, by whom she had several children, all of whom then resided with their parents. The three grantees of the annuity, viz., Catherine Eliza Keogh, Mary Agnes Keogh, and Michael Keogh, were all some years younger than their sister, Abigail Ryan. The bill stated (and there was no controversy as to the facts) that the testator died on the 13th of November, 1817, whereupon his son, Michael, entered into possession of the lands so devised to him. That Abigail Ryan died on the 7th of September, 1855, leaving six children surviving her-namely, Catherine, EdÂÂward, Eliza, Thomas, and the two Plaintiffs, Agnes and Mary. That shortly after their mother's death, Catherine, Edward, Eliza, and Thomas Ryan assigned to the Plaintiffs their respective rights and interests in the said annuity ; and that Michael Keogh paid the said annuity to the Plaintiffs during his life. That Michael Keogh died on the 2nd of July, 1867, leaving his eldest son, John Keoghi VOL. IV.] EQUITY SERIES. 359 the Appellant, him surviving, who thereupon entered into posses- Ch. App. sion of the lands, as tenant in tail male, under the will of his grandfather; but that, after the death of his father, John Keogh RYAN refused to pay to the Plaintiffs the annuity of £200 a year, on the KEOGH. ground that it had ceased on the death of Abigail ETan. Catherine Eliza Keogh and Mary Agnes Keogh were still alive, but they declined to sue for the said annuity. The bill prayed that the annuity might be declared well charged on the lands and hereditaments, of which John Keogh, the AppelÂÂlant, was tenant in tail male, for the lives of Catherine Eliza Keogh and Mary Agnes Keogh ; and that the Plaintiffs might be entitled to have the same applied towards their clothing and maintenance, or otherwise for their benefit, according to the trusts of the said will ; and, if necessary, that an account should be taken of what was due on foot of the said annuity, and a receiver appointed. John Keogh, in his answer, stated that Edward Ryan, the husÂÂband of Abigail Ryan, died in the year 1847 ; that thereupon she, and such of her children as were then living with her, removed from her then residence into another house, where she continued to reside until her death ; that Catherine Ryan and Eliza Ryan (the latter of whom was long since dead) became professed nuns several years ago, in their mother's lifetime ; that all the children of AbiÂÂgail Ryan attained their age of twenty-one years some years ago ; that her son, Edward Ryan, emigrated, in the year 1830, to the United States of America, where he was practising as a lawyer in 1855 ; that Thomas Ryan had been for several years established in business as a merchant ; that the Plaintiff, Mary Ryan, resided with him, and that Agnes Ryan resided in a separate establishment. And he submitted that the said annuity was no longer a charge on his estates ; and that, on the true construction of the testator's will, and under the circumstances, the Plaintiffs were not entitled to the said annuity, and that the same ceased to be payable on the death of Abigail Ryan. The cause having come on to be heard before the Vice-ChancelÂÂlor on the 18th of June, 1868, and an objection having been taken that the personal representative of Abigail Ryan was not made a party to the suit, his Honor directed the cause to stand over, with THE IRISH REPORTS. [I. R. liberty to the Plaintiffs to amend their bill as they might be advised. Letters of administration of the personal estate of Abigail Ryan having been granted to Thomas Ryan, the Plaintiffs amended their bill by stating that fact, and by making him a Defendant ; and they submitted that Abigail Ryan had no interest in any part of the annuity which accrued after her death, and that the same did not form part of her assets. The bill having been so amended, the cause came on again to be heard on motion for a decree ; and, on the 9th of June, 1869, the Vice-Chancellor made a decree, whereby it was declared that, on the true construction of the will of John Keogh, deceased, the annuity of £200 was well charged on certain lands, the estate of John Keogh, for the lives of Catherine Eliza Keogh and Mary Agnes Keogh, and the survivor of them ; and that the PlainÂÂtiffs were entitled to have the said annuity applied towards their clothing and maintenance, or otherwise for their benefit, acÂÂcording to the trusts of the said will ; and it appearing that the sum of £360 15s. 6d. was then due on foot of the said annuity up to the 13th of May, 1869, it was ordered that the said Defendant, John Keogh, should pay to the Plaintiffs that sum within one month after service of this order upon him ; and that he should also pay the said annuity to the Plaintiffs during the joint lives of the said Catherine Eliza Keogh and Mary Agnes Keogh, and the surÂÂvivor of them (1). 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