Cecilia Jane Browne, a Minor. v

• Jurisdiction: Ireland
• Judgment Date: 10 July 1852
• Date: 10 July 1852
• Court: Rolls Court (Ireland)

Rolls.

In the Matter of CECILIA JANE BROWNE, a Minor.

and

In re SpenceENR 2 Phil. 447.

Wellesley v. Duke of BeaufortENR 2 Russ. 1.

Shelley v. WestbrookeENR Jac. 266.

Talbot v. Earl of Shrewsbury 4 M. & Cr. 672.

Lyons v. BlenkinENR Jac. 245.

Talbot v. Earl of ShrewsburyENR 4 My. & Cr. 686.

The King v. Isley 5 A. & E. 441.

Case of The Earl of Westmeath Jac. Rep. 251.

CHANCERY REPORTS. 151 Rolls. In the Matter of CECILIA JANE BROWNE, a Minor. July 9, 10. THE facts of this case are fully stated in the judgment. A father has a right to direct and regulate the religious Mr. Deasy, in support of the objections taken by the testamentary faith in which his child shall guardians of the minor, cited In re Spence (a); Wellesley v. Duke be brought up, of Beaufort (b) ; Shelley v. Westbrooke (c); Talbot v. Earl of and the Court will not inter Shrewsbury (d) ; Lyons v. Blenkin (e). fere with that right unless there is an abuse of pa Mr. _Hartley, for Arabella Watts. rental autho rity. To insist on bringing up The MASTER OF THE ROLLS, after he rose, left the following the child in his judgment with the Registrar of the Court, to. be furnished to the own religion, notwithstand- ing a ver parties :- agreementbal to The objections taken by Mrs. Arabella Watts to the report of the the contrary, entered into Master, filed on the 24th of June 1852, are first to be considered. The before marÂriage with his finding in the said report to which such objections have been taken wife, is not an abuse of pa-is as follows :-" That having regard to the directions contained in rental autho rity which will the said will (that is, the will of Albert William Browne, deceased, induce the Court to in the father of the minor), as to the religion in which the said minor terfere. should be educated and brought up, and to the express wishes of the Testament ary guardians said Albert William Browne in that respect, as contained in the appointed by the father several affidavits made by him in this matter, bearing date respec- have the same right to direct tively June the 15th 1850, June the 21st 1850, July the 11th 1850, the religious education of and July the 3rd 1850, and to the wishes of her testamentary a child accord- the guardians (appointed by the said will), I find that the said minor the to r's the wishes. should be brought up and educated in the Roman Catholic religion." A contract entered into before marriage, that the children shall be brought up in a particular religion, is not binding on the husband, and cannot be enforced in a Court of Equity. Semble-Such a contract (if binding) must be in writing, and cannot be enforced in a minor matter with a cause petition. (a) 2 Phil. 447. (b) 2 Russ. 1. (c) Jac. 266. (e) Jac. 245. (d) 4 M. & Cr. 672. 152 CHANCERY REPORTS. In the month of September 1840, the said Albert William Browne, who was a Roman Catholic, married Miss Jane Cashel, a member of the Established Church. There were two children of the marriage-Jane Cecilia, who has since died, and the minor Cecilia Jane, who was born on the 12th of May 1843. Jane Browne, the mother of the minor, died in the month of November 1843, the minor being then only about six months old. The minor had been placed under the care of Mrs. Arabella Watts, who was a Protestant, and the maternal grand-aunt of the minor, shortly after her birth, in consequence of the state of her mother's health. Mrs. Watts undertook to hire a nurse for the child, and the annual sum of £12 was allowed to Mrs. Watts for that purpose. Albert William Browne, in an affidavit filed the 15th of June 1850, stated that on the occasion of his placing his child with Mrs. Watts, it was his intention that the minor was only to remain with the said Mrs. Watts until she arrived at the age of seven years, on the ground that he was a Roman- Catholic, and that Mr. and Mrs. Watts proÂfessed the Protestant religion ; and he feared that, if he allowed his said child to remain longer with Mr. and Mrs. Watts, she would be brought up as a Protestant, which would have been quite conÂtrary to the wish and desire of the said Albert William Browne. He then adverted in his affidavit to a petition which had been preÂsented by Mrs. Watts to the Lord Chancellor on the 25th of May 1850, to make the minor a ward of Court, and the order of reference thereunder, and he then stated that he believed it was the intention of the said Mrs. Watts to have herself proposed as guardian of the person of the minor, and he further stated that it was his desire that his mother Mrs. Cecilia Browne, who is a Roman Catholic, should be appointed guardian. He then insisted by his affidavit upon his right to have his mother appointed in preference to Mrs. Watts, and that he was desirous of resuming the custody of the minor, for the pur pose of placing her under the care of his mother. He then stated that he waited on Mr. and Mrs. Watts on the 14th of June 1850, on which occasion he required Mr. Watts to permit him to remove his child, which Mr. Watts refused, and said he would not part with the minor until a guardian should be appointed. CHANCERY REPORTS. 153 The Master made his report on the 13th of August 1851, 1852. lls under the original order of reference, and he thereby approved R o. In re of Mrs. Arabella Watts being appointed guardian of the minor, BROWNE, and that the minor should reside with and be educated by her ; a Minor. but the Master did not report in what religion the minor should judgment. be brought up, on the ground that such question had not been referred to him. Objections were taken to that report in the name of the father of the minor, who had sailed for some foreign country, but before the objections were argued, an account arrived in Ireland that the said Albert William Browne had died at sea on the 14th of March 1861. On the 8th of December 1851, an order was made in this Court, whereby, after reciting that at the time the Master made his said report of the 13th of August 1851, in this matter, it was not known to the Master or to the parties who appeared in the Master's office, that Albert William Browne, the father of the minor, had, died on the 14th of March 1851, previous to the date of the said report, having made his will, bearing date the 9th of JanuÂary 1850, whereby he appointed Mrs. Cecilia Browne and the Rev. Charles Browne testamentary guardians to the minor, and thereby stated that it was to be expressly understood that the said minor should be educated and brought up in the faith of the Roman Catholic religion,-it was (after such recital) ordered, that it should be referred to the Master to re-consider his report, having regard to the fact that testamentary guardians had been appointed by said will ; and it was further ordered that the Master should inquire and report in what religion the minor should be brought up and educated. The Master made his report under that order, on the 24th day of June 1852, containing, amongst other matters, the finding which I have already stated-that the minor should be brought up and educated in the Roman Catholic religion, to which finding Mrs. Watts has taken objections. It appears from the Master's said report that Albert William Browne made his will, bearing date the 9th of January 1850, whereÂby he appointed his mother the said Cecilia Browne, and his brother vox.. 2. 20 154 CHANCERY REPORTS. the Rev. Charles Browne, a Roman Catholic clergyman, joint exeÂcutors to his will, and directed that the above-mentioned persons should be the sole guardians of his only child, the said minor Cecilia Jane Browne, to whom the testator bequeathed any property or properties which he might be possessed of, or be at any time thereÂafter entitled to, for her own use...