Baldwin's Estate

• Jurisdiction: Ireland
• Judgment Date: 21 February 1902
• Date: 21 February 1902
• Court: Court of Appeal (Ireland)

IN THE MATTER OF BALDWIN'S ESTATE

Appeal

Judgment — Registration — Priority — Charge on land created by will — Put in settlement on marriage of legatee — Interest in land — 3 & 4 Vict. c. 105, s. 22 — & 14 Vict. c. 29, s. 4.

Arden v. ArdenELR 29 Ch. D. 702.

Daniel v. Freeman I. R. 11 Eq. at p. 248, per Sullivan, M.R.

Gardiner v. BlesintonUNK 1 Ir. Ch. Rep. 64.

Hughes' TrustsENR 2 H. & M. 89.

Humber v. RichardsELR 45 Ch. D. 589.

In re JenningsUNK 8 Ir. Ch. Rep. 421.

In re Perrin 2 Dr. & War. 147.

Malcolm v. Charlesworth 1 Keene, 63.

Re Hughes' TrustsENR 2 H. & M. 89.

Simpson v. MorleyENR 2 K. & J. 71.

Simpson v. MorleyENR 2 K. & J. 71.

Walcot v. SmithUNK 11 Ir. Ch. Rep. 266.

338 THE IRISH REPORTS. [1903. N. R. I have also directed a settlement of £20,000 of it to keep that part 1903. safe from their husbands when and if they become married women." OLPHERT If I am right in thus reading the will, then till marriage they OLPHERT. would have had the income, by force of the absolute gift ; otherÂwise they would have nothing, or, at most, only the income of one-third of the fund left to them. I said practically " no provision " ; for though each daughter receives the sum of £100 yearly till married, that was not inÂtended as a provision for maintenance. It is " to be dispensed as they please." In its context this points to its being applied for purposes, whether charitable or not, as they pleased; not in buying bread and coarse clothing for themselves, as they must, if it were their only provision out of this great fortune of their father's munificent bequest. Solicitors for the trustees : Thompson 81. 1PLaughlin. Solicitors for Sir John Olphert : Mackay 4- Company. Solicitor for Hon. Mrs. Yereker : Russell ITWilliam R. W. L. Appeal. IN THE MATTER OF BALDWIN'S ESTATE (1). 1902. Feb. 17, 21. Judgment--Registration—Priority—Charge on land created by will—Put in settlement on marriage of legatee—Interest in land-3 4. 4 Vice. c. 105, s. 22-13 4. 14 Viet. c. 29, s. 4. In 1806 a judgment was recovered against the then owner of the lands for sale in this matter. This judgment was re-registered on June 19, 1875, but was not again re-registered until March 4, 1898. In 1868 the then owner of the lands, subject to the judgment, by his will charged the lands with £8000 for his younger children. The testator died in 1878. One of his younger children, on her marriage, assigned her share of the £8000 to the trustees of her marriage settlement, which was executed on November 21, 1881, more than five years after the last preceding registration of the judgment : Held, by the Court of Appeal (affirming the decision of Ross, J.), that the VoL. I.] CHANCERY DIVISION. 339 judgment was not postponed to the share of charge so settled by reason of its Appeal. having been allowed to go out of registration. 1902. In re BALDWIN'S APPEAL from an order of Ross, J., dated November 12, 1901, ESTATE. giving the amount due on a judgment for £600, recovered in Trinity Term, 1806, in the Court of King's Bench by George Mansergh against Henry Baldwin, priority as against the proceeds of the sale of the lands of Cloughmacow, sold in this matter, over a sum of £2000, portion of a sum of £8000, charged upon the same lands by the will and codicil of James Baldwin, and settled by a marriage settlement dated November 21, 1881. Henry Baldwin was at the date of the judgment seized of the lauds of Cloughmacow in fee-simple. The judgment was assigned from time to time ; and ultimately, by a deed dated March 30, 1898, the judgment and the principal money due thereon were assigned to Ellen Grant, the respondent, absolutely. The judgÂment was re-docketed or re-registered on the following occasions, and no others, viz. :—October 3, 1851 ; June 28, 1885 ; July 2, 1860 ; August 7, 1868 ; June 19, 1875; and March 4, 1898. The sum of £27618s. 5d. remained due on foot of the judgment. James Baldwin, who became seized of the said lands, subject to the said judgment, by his will, dated Sept. 8, 1868, devised the same to trustees therein named upon trust to pay an annuity to his widow, and, "subject to any other charges and incumbrances affectÂing the said lands," upon further trust to raise a sum of £6000, with interest thereon at 5 per cent., for his younger children (of whom Eliza Gore, otherwise Baldwin, was one), to be paid to them in equal shares on attaining their respective ages of twenty-three years, or marriage in the case of daughters. By a codicil to his will James Baldwin increased the said sum of £6000 to £8000. There were four younger children of the said James Baldwin. He died in 1878. By indenture of settlement executed on the marriage of Eliza Baldwin with Arthur S. Gore, and dated November 21, 1881, in consideration of the therein recited intended marriage, Eliza Baldwin assigned to James Baldwin and John Ellard Gore, as trustees of the settlement, the said charge or sum of £2000, being one-fourth of the said sum of £8000, to hold the same, Appeal. and all moneys to become payable in respect thereof upon the 1902. trusts declared by the said indenture of settlement. The entire In re sum of £2000 and interest thereon remained due to the trustees. BALDWIN 'S ESTAT A. petition for the sale of the lands having been presented in the Court of the Land Judge, Ross, J., in ruling the final schedule of incumbrances, made an order declaring the judgment entitled to priority over the sum of £2000 put in settlement by the said indenture of November 21, 1881. From this order John E. Gore and James Baldwin, the trustees of the said...