Annesley v Annesley

• Jurisdiction: Ireland
• Judgment Date: 03 May 1893
• Date: 03 May 1893
• Court: Chancery Division (Ireland)

V.-C.

ANNESLEY

and

ANNESLEY.

In re Daniel's Settlement Trusts 1 Ch. Div. 375.

In re De la Touche's SettlementELR L. R. 10 Eq. 599.

Scholefield v. Lockwood (No. 2)ENR 32 Beav. 436.

Wilson v. Wilson 23 L. J. Ch. (N. S.) 697.

Crowley v. SwindlesENR Vaughan, 173.

Burchell v. Clark 2 C. P. Div. 88.

Borrowes v. DelaneyUNK 24 L. R. Ir. 503, 511.

Breslauer v. Barwick 36 L. 5. (N. S.) 52.

Scholefield v. LockwoodENR 32 Beav. 436.

In re De la Touche's SettlementELR L. R. 10. Eq. 599.

Burchell v. Clark 2 C. P. Div. 88.

Borrowes v. DelaneyUNK 24 L. R. Ir. 503.

Mistake plainly apparent on face of settlement Judgment declaring trusts without directing rectification of deed.

VOL. XXXI.] CHANCERY DIVISION. 457 Ribton Crampton the debt was extinguished. It might be neces- v.-C. sary to direct an inquiry what assets came to his hands, in order to 1893. ascertain whether the liability was in whole or only in part extin- CRAMPTON v. guished ; but as I am able to decide this case upon the main question, WALKER. it is not necessary for me to pursue the inquiry farther. On the whole case, I must hold that the action cannot be mainÂÂtained, and must be dismissed, with costs. Solicitors for the plaintiff : Colles Montford. Solicitors for the defendant : S. 8f R. C. Walker. T. H. M. ANNESLEY v. ANNESLEY. (1892. No. 157). Mistake plainly apparent on face of settlement-Judgment declaring trusts without directing rectification of deed. In an action by a wife against her husband and others, to have the trusts of her settlement declared and carried out, so far as the same related to an annuity thereby created for her, it plainly appeared on the face of the settleÂÂment that the annuity was intended to be payable during the joint lives of the husband and wife, and to be secured by an immediate term, but that, by misÂÂtake, it was secured by a term not to arise until after the husband's death. The pleadings did not state the mistake, or pray relief in respect thereof by rectification:- Held, that the Court could declare the annuity well charged on the lands, without rectifying the settlement. MOTION FOR JUDGMENT for default of defence and on adÂÂmissions. The action was brought to have the trusts of a settlement deÂÂclared and carried out so far as the same related to an annuity of 100, thereby granted to the plaintiff ; to have an account taken of all sums due on foot of said annuity ; to have it declared that the said annuity and the sums due on foot thereof were well charged on the lands mentioned in said settlement, and to have payment of the said arrears enforced by sale or receiver. LAW REPORTS (IRELAND). [L. R. I. The statement of claim alleged :-By indenture dated 17th June, 1861, and made between the defendant George Annesley of the first part, William Henry Daniel and the plaintiff, by her then name, Georgina Henrietta Daniel, of the second part, William Octavius Beresford Annesley and the Reverend Charles John Daniel of the third part, George Shaw and Arthur Annesley of the fourth part, William Armitage Moore and George Robert Daniel of the fifth part, and the defendant William Nevin Wallace of the sixth part, being the settlement entered into upon the marriage of the plaintiff with the defendant George Annesley, the said defendant, granted to the defendant, William Nevin Wallace, certain lands in the Barony of Tullyhaw, and County of Cavan, to hold to and for the uses and upon the trusts therein mentioned : amongst other uses and trusts upon which said lands were granted by said indenture to said defendant, William Nevin Wallace, was the following-from and after the death of said defendant, George Annesley, and subject, as in said indenture mentioned, to the use of said George Shaw and Arthur Annesley, their executors, adminisÂÂtrators, and assigns, for the term of 100 years from thence next ensuing, upon trust that they the said George Shaw and Arthur Annesley, and the survivor of them, and the executors, adminiÂÂstrators, and assigns of such survivor, should yearly and every year during the joint lives of the defendant George Annesley, and the plaintiff, out of the rents and profits of said lands and premises, raise and levy an annuity or yearly sum of 100, free and clear of all rents, taxes, and assessments, and pay the same to such person or persons, and to and for such interests and purposes, and in such manner as the plaintiff should, notwithstanding coverture, direct in writing ; and in default of, and until such direction...