Armit v Bredin

• Jurisdiction: Ireland
• Judgment Date: 10 December 1866
• Date: 10 December 1866
• Court: Rolls Court (Ireland)

Rolls.

ARMIT

and

BREDIN.

Smith v. Osborne 6 H. of L. Cas. 375.

Grey v. Pearson 6 H. of L. Cas. 61.

Walmsey v. VaughanUNK 1 D. & J. 114.

Wilton v. Colvin 3 Dr. 617.

Howel v. Howel 2 Ves. 358.

Young v. Smith L. R. 129, 180.

Jenner v. JennerELR L. R., 1 Eq. 361.

Rooke v. Lord KensingtonENR 2 K. & J. 753.

In re MainwaringELR L. R., 2 Eq. 487.

Payne v. Collier 1 Ves. jun. 170.

Alexander v. Crosbie Ll. & G., temp. Sug. 150.

Neill's Trusts 4 Jur., N. S. 64.

M'Clurkan v. Lane 5 Jur., N. S. 56.

Stevens v. Van VoorstENR 17 Beav. 305.

Young v. SmithELR Law Rep., 1 Eq. 183.

Osborne v. Smith 6 H. of L. Cas. 375.

CHANCERY REPORTS. 165 1866. Rolls. June 2, 3, 7. ARMIT v. BREDIN. Nov. 15, 16. Dec. 10. A marriage THE petition in this matter was filed by Louis J. A. Armit; against settlement re- ucintedder wwwielk his minor children, and Mrs. Harriet Bredin administratrix of the Rev. Andrew Bredin, sole trustee of the settlement of the 3rd of the intended husband was May 1847. It prayed that it might be declared that, in the events entitled to a share of the which had happened, the sum of 3590. 2s. 6d., new 3 per cent. residuary pro perty, contin stock, standing in the books of the Accountant-General of this Court gent on his surviving his " to the credit of the cause of Louis Armit and others, minors, father, and a power of ad by Sir Edward Borough, Bart., their next friend, plaintiffs, William vancement by the trustees of Edington and Beresford Worthington, surviving trustees and execu- the will, and that h tors of John Armit deceased, and others, defendants ; and to the bee it been agreed ed separate credit of the settlement of the 3rd of May 1847, on the on the treaty for the mar marriage of the plaintiff Louis Armit with Miss Bredin," and riage, in order to make a pro- the residue of the petitioner's share of the residuary estate of vision for the intended wife, said John Armit might be declared not to be bound by the in case of her surviving the trusts of the said deed of settlement ; and that the petitioner might husband, that - he should effect be declared entitled absolutely to said sum, and to said share of said a life insur ance ; and that it had been further agreed to convey to a trustee, for the purpose of making a further provision for her in the event of her surviving him, in addition to the amount secured by the said insurance, the one-fourth part of such share of such residuary property as the husÂÂband then was or should thereafter at any time become entitled to under the said will, or of the said powers granted to 14e trustees thereof, or of any application or appointment made or to be made thereof; and the husband, in pursuance of the agreement, and in order to make a provision for the wife, in the event of her surviÂÂving him, covenanted that, when and as soon as any portion of the said residuary property should from time to time, or at any time during the said intended marriage, descend or come to him under or by virtue of the said will, he should forthwith conÂÂvey the same to trustees ; and that he would, at all times after the intended marriage, at the request of the trustee, do and execute further acts, deeds, &c., for securing the said one-fourth part or share of such residuary property, for the uses and upon the trusts, &c., thereinbefore declared. The trusts were for the husband for life, and after his death for the wife absolutely-, if she should be then living ; but, in case she should have died in his lifetime, for the children of the marriage. Several sums were advanced to the husband in the wife's lifetime, under the power of ad- vancement, by the trustees of the will. The wife died, leaving the husband, his father, and several children surviving her ; then the husband's father died. Held, that the settlement bound only such portions of the residuary property as should come to the husband during the coverture ; and therefore that the husband was not bound to convey the one-fourth part of the residuary property which he became entitled to on his father's death ; but Held also, that the sums advanced to him were within the covenant, and bound by the trusts. 166 CHANCERY REPORTS. residuary estate, notwithstanding said deed, and that same might be accordingly transferred to him. The facts as stated in the petition were as follows :-John Armit made his last will and testament on the 24th of August 1833, and thereby bequeathed all his real and personal estate, subject to some specific dispositions, to trustees, upon certain trusts therein mentioned, during the life of his son John Lees Armit and Eugenie his wife ; and upon the death of the survivor of them, he directed said residuÂÂary property and estate to be held in trust for the child or children of the said John Lees Armit and Eugenie who should be living at the time of the decease of such survivor, in equal shares. The testator by a codicil to his will, bearing date the 31st of May 1834, directed that all his said residuary property, after the decease of the survivor of the said John Lees Armit and Eugenie his wife, should be divided in such shares and proportions, manner and form, and subject to such provisions, conditions, limitations or restrictions, as the trustees or trustee for the time being of his said will should by any deed to be by them or him executed as therein mentioned direct, limit and appoint, and in default of appointment as therein mentioned. The testator by his said will empowered- the trustees, if they should deem it advisable, during the lifetime of the said John L. Armit and Eugenie his wife, to apply any part of the expectant share of any such child of the said John L. Armit and Eugenie his wife, not exceeding the sum of 5000, towards the preferment, establishment, and advancement in life of any such child, notwithÂÂstanding such child might not have acquired a vested interest in such expectant share. John Armit the testator died in February 1835 ; and his will was duly proved, and probate thereof granted in February of the same Par. Eugenie died shortly after him, leaving four children, all of whom also survived John Lees Armit, namely,. Louis the...