Blachford v Long

• Jurisdiction: Ireland
• Judgment Date: 14 January 1858
• Date: 14 January 1858
• Court: Rolls Court (Ireland)

Rolls.

BLACHFORD

and

LONG.

Cook v. OaklyENR 1 P. Wms. 302.

Hastings v. HareENR 6 Sim. 67.

Lamphier v. Despard 2 Dr. & War. 59.

Leake v. RobinsonENR 2 Mer. 393.

Cambridge v. Rous 8 Ves. 25.

Bland v. Lamb 2 J. & W. 405.

Leake v. RobinsonENR 2 Mer. 392.

Roberts v. Cooke 16 Ves. 451.

Read v. HodgensUNK 7 Ir. Eq. Rep. 32.

Evans v. JonesENR 2 Coll., C. C., 516.

Warner v. FieldENR 1 Kay, 514.

CHANCERY REPORTS. 87 1857. Rolls. BLACHFORD v. LONG. (In the Rolls.) Nov. 6. 1858. Jan. 14. THE question in this case was, whether a reversionary term of By a will of 1821, a testa thirty-one years in the lands of Corramullen was devised to his tor devised the lands of widow, by the residuary clause in the will of Richard Long, bearing C., which he held for three date the 17th of February 1821 ? The will, and the mode in which lives and thirty-one the question came before the Court, are fully stated in his Honor's years, to trus- tees and their judgment. heirs, in trust to permit his wife to receive Mr. Deasy and Mr. Warren, in support of the appeal. an annuity ; and on further trust, to apply a yearly sum Mr. Brewster and Mr. O'Riordan, contra. to raise £500 for his daughÂter ; and subÂject to said Cook v. Oakly (a), Hastings v. Hare (b), Lamphier v. Des- annuity and charge, he de. pard (e), Leake v. Robinson (d), were cited in the course of the vised the in- terest in said argument. lands to his son R. and his heirs ;the 'and rest, The MASTER OF THE ROLLS. to all residue and re A motion has been made in this case, on the part of Eugene mainder of his property, con BiTarthy, by way of appeal from the report of Jeremiah John sisting of stock, &c., and Murphy, Esq., filed the 16th of October 1857. That report was other proper ty not thereby made under an order of reference of the 27th of November 1855, disposed of, he gave, devised whereby it was ordered that the said Eugene M`Carthy should be and bequeath ed the same to his wife, subject to the discharge of his just debts, and which he directed her to apply, in the first instance, in discharge of the same ; and in case of his said resiÂduary property being insufficient for the payment of his just debts, he charged other lands thereinbefore devised to his son J. with a portion of the deficiency, and the lands therein before devised to his son R. with another portion of the deficiÂency. R. died in his father's lifetime.-Held, that the reversionary term of thirty-one years in the lands of C. passed by the residuary clause. Lapsed bequests of personal estate will pass by a residuary clause, unless an intention be apparent to exclude them. (a) 1 P. Wms. 302. (b) 6 Sim. 67. (c) 2 Dr. & War. 59. (d) 2 Afar. 393. 88 CHANCERY REPORTS. at liberty to file a charge in this matter, notwithstanding the report of the Master, filed the 14th of July 1855, and that the Master should be at liberty to proceed on said charge, and make up a separate report thereon, at the expense of said Eugene M'Carthy ; the order to be without prejudice to any defence which might be set up by Hill Gillman Long, or any other party whom the Master might permit to file a discharge. The Master's report, made under that order (which report was filed the 16th of October 1857), finds that Richard Long, at the time of making his will and of his death, was seised or possessed of an undivided moiety of the lands of CorÂramullen, held for three lives, and for a reversionary term of thirty-one years, under a lease, dated the 3rd of October 1793. The report further finds that the said Richard Long made his will, dated the 17th of February 1821 ; and by that will he, bequeathed all his estate and interest in the said lands of Corramullen to Thomas Biggs...