Batteste v Maunsell and Others

• Jurisdiction: Ireland
• Judgment Date: 28 June 1876
• Date: 28 June 1876
• Court: Chancery Division (Ireland)

V. C. Court.

BATTESTE

and

MAUNSELL AND OTHERS.

Lechmere v. Carlisle 3 P. W. 211.

Symons v. RutterENR 2 Vern. 227.

Thornton v. Hawley 10 Ves. 129, 138.

Costello v. O'Rorke Ir. R. 3 Eq. 172.

Wrightson v. MacaulayUNK 4 Ha. 487.

Walsh v. StuddertUNK Ir. R. 5 C. L. 478.

Morris v. MorrisUNK Ir. R. 6 C. L. 73.

In re M'Neals 7 Ir. Ch. R. 388.

Betty v. Humphreys Ir. R. 9 Eq. 332.

In re Skerrett 2 Dru. & War. 585.

In re Butler's WillELR L. R. 16 Eq. 479.

M'Neale 7 Ir. Ch. R. 388.

Allen v. Allen 4 Ir. Eq. R. 472.

Morris v. MorrisUNK Ir. R. 7 C. L. 295.

Cowley v. HartstongeENR 1 Dow. 361.

Johnson v. ArnoldENR 1 Ves. sen. 168.

De Beauvoir v. De BeauvoirENR 3 H. L. C. 524.

Locke v. SouthwoodENR 1 My. & Cr. 411.

Pulteney v. DarlingtonENR 1 Bro. C. C. 222.

Davies v. GoodhewENR 6 Sim. 585.

Campbell v. Sandys 1 Sch. & Lef. 295.

Dursley v. Fitzhardinge 6 Ves. 251.

Lloyd v. Johnes 9 Ves. 37.

Settlement — Conversion of personal estate — Right heirs — Barring of estate in quasi tail — Lunatic — Committee — Fee-farm grant — Transfer of proceeds of real estate to credit of tenant in tail.

VOL. X.] EQUITY SERIES. 97 meat, i. e., one of intention, viz., whether it was ever really intended L. E. Court. that the annuity was to continue for more than the life of the 1876. party-arising, I mean, on the direction that the annuity is to be In re GILLMAN'S "payable to the son in like manner" as the annuity to the settlor's STATE. wife, which is expressed to be for her life. I don't decide that question, because I prefer to rest my decision on the whole of the case on the broad principle of law that I have mentioned. Solicitor for the Owner: Mr. T. K. Sullivan. Solicitor for the Annuitant : Mr. P. W. Dogherty. BATTESTE v. MA.UNSELL AND OTHERS. V. C. Court. 1876. Settlement-Conversion of personal estate-Right heirs-Barring of estate in quasi tail-Lunatic-Committee-Fee-farm grant-Transfer of proceeds of Jan. 19, 20, 21. real estate to credit of tenant in tail. Feb. 9. By marriage settlement a sum of money, part of the fortune of the intended wife, was vested in trustees upon trust to call in the same, and, with the conÂÂÂsent in writing of the intended husband and wife, or the survivor of them, to invest the said sum in the purchase of real estate in such part of Ireland as the husband and wife should approve of, and it was declared that such lands, and, until the purchase thereof, such sum of money, should be held upon trust, out of the income, to make up any deficiency in the wife's jointure, and, subject thereto, and to certain portions for younger children, in trust for the husband for life, and, after his death, to the use of or in trust for the issue of the marÂÂÂriage in strict settlement, with ultimate remainder to the right heirs' of the husband ; and it was provided that in case the intended husband, who was a minor at the date of the marriage, should refuse to ratify it upon attaining full age, he should forfeit all interest in the said sum of money:-. Held, first, that there was a constructive conversion of this sum into real estate; secondly, that the limitation to the right heirs of the husband coalesced with the life interest previously given to him, and enabled him to dispose of the fund absolutely upon failure of issue of the marriage. A tenant in quasi tail of lands, held under a lease for lives renewable for ever, having been found a lunatic by inquisition, the committee of his estate obtained, with the permission of the Lord Chancellor in lunacy, a renewal of the lease, and, subsequently, a fee-farm grant in lieu thereof, pursuant to the 1 Wm. 4, c. 65, and 12 & 13 Viet. c. 105 : Held, that the estate in quasi tail was thereby barred. Vol,. X. 98 THE IRISH REPORTS. [I. R.: V. C. Court, The proceeds of sale of other lands of which the lunatic was tenant in tail, 1876. and which had been sold in the Landed Estates Court, upon an incumbraneer's BATTESTE petition, were transferred to the credit of the lunacy matter :- MA1NSELL. Held, that, although no disentailing deed had been executed, the personal. MAIINSELL. representative of the lunatic became entitled, upon his decease, to receive this • sum to the exclusion of the remainderman. SUIT to carry out the trusts of an indenture of settlement dated the 14th May, 1812, executed on the marriage of Thomas Grady the younger with Julia Maunsell. Prior to the date • of this settlement, Thomas Grady the elder (father of Thomas Grady the younger) was seised of the lands of Belmont, under a lease for lives renewable for ever, and of the lands of Tullyleake for an estate in fee tail, and was possessed of the lands of Ballyana under an unexpired lease for 999 years. He had also a power of appointment over the lands of Kilmurry, held for a term of twenty-one years with a toties quoties clause of renewal. All these lands, together with a sum of £4500, to which Julia Maunsell was entitled, were included in the settlement, and the trusts declared respecting them were as follows:- The lands of Kilmurry were limited in trust, after the intended marriage, to permit Thomas Grady the younger and his assigns. during his life to receive thereout an annuity of £600, and to apply the surplus rents during his life in payment of certain scheduled debts ; and, after payment thereof, on trust to permit Thomas Grady the younger and his assigns to receive the entire rents during hits life, and after his death to permit Julia Maunsell to receive an annuity by way of jointure, and subject thereto upon trust to raise a sum of £4000 as portions for the younger children of the said marriage : and subject thereto in trust for the first and other sons of the marriage successively in tail male, and. in default of issue male, in trust for the daughters of the marriage, share and. share alike in tail, and in default of such issue in trust to reassign, the said lands to Thomas Grady the younger, his executors, adini. nistrators and assigns. The lands of Belmont were limited in trust for Thomas Grady the elder for life, and after his death in trust for Thomas, Grady the younger for life, and after his death to permit Julia Maunsell to receive thereout so much as would make up her said jointure, and subject thereto in trust to raise so VOL. X.] EQUITY SERIES. 99 much as might be necessary to complete the said sum of £4000 V. C. Court. (the portions for younger children), and subject thereto upon the 1876. same trusts as were declared of Kilmurry, and in default of issue, BATTESTE in trust to reeonvey the said lands to Thomas Grady the younger, MaurELL. his heirs and assigns. The lands of Tullyleake were limited in trust to apply the rents in part discharge of the .above-mentioned debts, and after payment thereof upon trust to permit Thomas Grady the younger to receive the rents during the life of Thomas Grady the elder, and after the death of Thomas Grady the elder to the use of the trustees of the settlement for a term of 500 years, upon the trusts thereby declared, and subject thereto to the use of the said Thomas Grady the younger for life, and after his death in trust to permit Julia Maunsell to receive so much as might be necessary to make up her jointure, and subject thereto, to the use of the first and other sons of the said marriage in tail male, with remainder to the use of the daughters of the marriage in tail, and. in default of such issue to the use of the said Thomas Grady the younger, his heirs and assigns. A common recovery of these lands was suffered by Thomas Grady the elder for the purpose of assuring them to such uses. The trusts of the lands of Ballyana were, that the trustees of the settlement should, after payment of the debts mentioned in the schedule, hold the said lands in trust for Thomas Grady the younger for life, and after his death should permit Julia Maunsell to receive so much as might be necessary to make up her jointure, and subject thereto, upon trusts for the issue of the marriage similar to those declared of the lands of Kilmurry, and in default of such issue, then in trust to convey the lands to Thomas Grady the younger, his executors, administrators, and assigns. The sum of £4500 to which Julia Maunsell was entitled was assigned to the trustees on the following trusts; that is to say, after the intended. marÂÂÂriage, on trust that the said sum should remain outstanding on the same security until the said Thomas Grady the 'younger sho Id attain his full age of twenty-one years, and should ratify and conÂÂÂfirm the said settlement in all parts; and after his attaining full age, and after the death of George Maunsell, father of the said Julia Maunsell, on whose death the said sum was payable, on trust that the said trustees should call in the said sum of £4500, and invest the same with the consent of the said Thomas Grady the younger H2 100 THE IRISH REPORTS. [I. R. V. C. Court. and Julia Maunsell, or the survivor of them, his or her executors 1876* or administrators, in writing under his, her, or their hand or hands, BLTTESTE in the purchase of an estate or estates of inheritance in fee simple, mAurisELL. or other freehold estates or estate, in possession, in such part of Ireland as should be approved of by the said Thomas Grady the younger and Julia Maunsell, or the survivor of them, his or her executors, administrators, or assigns, and it was declared that the said svm of £4500 and all such lands, tenements, and hereditaÂÂÂments so to be purchased should be held in trust for the said. Thomas Grady the younger and his assigns during his life, and, after his decease, in trust to permit the said Julia. Maunsell to receive so much of the rents of the lands to be purchased, or of the-interest of the said sum of £4500, until the same should be invested in a purchase or purchases as aforesaid, as should be necessary to make up her jointure, with power to...