Butler v Butler

• Jurisdiction: Ireland
• Judgment Date: 15 December 1880
• Date: 15 December 1880
• Court: Chancery Division (Ireland)

M. R.

BUTLER

and

BUTLER.

Saunders v. VautierENR 1 Cr. & Ph. 240.

Rocke v. RockeENR 9 Beav. 66.

Pawlet v. Pawlet 1 Wils. 224.

Dillon v. DillonUNK 1 Ball & B. 77.

Ingram v. IngramENR 2 Atk. 88.

Chester v. ChadwickENR 13 Sim. 102.

Carr v. AtkinsonELR L. R. 14. Eq. 397.

Webb v. Sadler L. R. S Ch. 419.

Dunne's Trusts 1 L. R. I. 516; S. C. on appeal, 5 L. R. I. 76.

Liston v. Liston Rolls, May 1, 1878; unrep.

Tattersall v. HowellENR 2 Mer. 26.

Maud v. MaudENR 27 Beav. 615.

Coe's TrustsENR 4 K. & J. 199.

Davey v. HooperENR 2 Vern. 665.

Falkner v. Lord WynfordUNK 9 Jur. 1006.

Saunders v. VautierENR 1 Cr. & Ph. 241.

Pawlett v. Pawlett 1 Wils. 224.

Power of appointment Execution of power Unauthorised condition annexed to appointment Appointee taking absolutely 37 & Vict. C. 37.

VoL. VII.] CHANCERY DIVISION. 401 BUTLER v. BUTLER. M. R. 1880. Power of appointment--Execution of power-Unauthorised condition annexed Dec.15. to appointment-Appointee taking absolutely-37 38 Vic& c. 37. The donee of a power of appointment over a trust fund, vested in trustees bon trust for her child and children, in such shares and proportions as she Ehould by deed or will appoint, made her will in 1878, appointing the fund equally among her six children, but added, "My eldest son being of a reckless, unstable character, I desire that my executor Sir R. J. P. may hold his portion of 500 in trust till he comes to the age of thirty years, &c., when he should be exÂÂpected to get steady, if ever that could be his lot ; but if 'his conduct should prove unworthy to receive such token of his grandfather's bounty, and his mother's forbearance and forgiveness, then my executor is to allocate 10C, each to " the other children :- Held, that the power did not authorise the donee to annex any condition to n appointment, and that the eldest son took his share absolutely. MOTION for judgment in default of pleading. The material facts set forth in the Plaintiff's statement of claim were as folÂÂ.ows :-William Moore, by his will dated the 28th of June, '855, having power under a settlement of the 26th September, 339, to charge certain estates with a sum of 5000, for any purÂÂose he should think proper, directed the trustees of the settlement o raise the said sum, and to pay the same to the Rev. Matthew Loore and Richard Sargint, and to the survivor of them, his heirs, e., upon trust to permit the testator's daughter Henrietta Ellen lutler to receive the interest for her life, and after her decease Ton trust for her child and children, in such shares and proporÂÂtions as she should by deed or will appoint ; and in case of such iild or children dying in her lifetime before attaining the age of venty-one years or being married, then immediately on the death f the said Mrs. H. E. Butler without children, or having had children if all such children should die in her lifetime- without attaining twenty-one years or being married, the testator beÂÂqueathed and appointed the 5000 to other persons, whom it is unnecessary to name ; and by a codicil he reduced the charge to LAW REPORTS (IRELAND). [L. R. I. 3000, in a certain event, and appointed Sir R. Joshua Paul and the Rev. Edward Walter Butler executors. The testator died on the 23rd of February, 1878, and probate was granted to the Rev. E. W. Butler, husband of Henrietta E. Butler. Henrietta Ellen Butler made her will on the 29th of August, 1878 ; and, after reciting that her late father, William Moore, had left her the disposal of 3000 in any way she should appoint amongst her children, she left and bequeathed to her six children, the Plaintiff William Francis Butler, Sarah, Ellen, Francis Wallace, Gertrude, and Edward, 500 each, with interest thereon from the day of her decease, and she expressed her desire that her executor the...