Champ v Champ and Others

• Jurisdiction: Ireland
• Judgment Date: 01 February 1892
• Date: 01 February 1892
• Court: Queen's Bench Division (Ireland)

Q. B. Div.

Before HOLMES and GIBSON, JJ.

CHAMP

and

CHAMP AND OTHERS

In re Nash's SettlementUNK 51 L. J. Ch. (N. S.) 511; 46 L. T. (N. S.) 97; 30 W. R. 406.

Wilson v. PaulENR 7 Sim. 620.

Pringle v. PringleENR 22 Beav. 631.

In re Rawlin's Trusts 45 Ch. Div. 299.

Kinsella v. CaffreyUNK 11 Ir. Ch. Rep. 154.

Neighbour v. ThurlowENR 28 Beav. 33.

Ranelagh v. RanelaghENR 12 Beav. 200.

Sparks v. RestalENR 24 Beav. 218.

Green v. WardENR 1 Russ. 262.

Gardner v. Sheldon Tud. L. Cas. 625.

Hone's CaseENR Cro. Car. 366.

Ranelagh v. RanelaghENR 12 Beav. 200.

In re RogersENR 2 Madd. 449.

Rawlin's Trusts 45 Ch. Div. 299.

Sidney v. Shelley 19 Ves. 352, at p. 366.

Farrer v. BarkerENR 9 Hare, 737, at p. 744.

M'Clintock v. IrvineUNK 10 Ir. Ch. Rep. 480.

Allin v. CrawshayENR 9 Hare, 382.

M'Clean v. SimpsonUNK 19 L. R. Ir. 528.

Dixon's Trusts Ir. R. 4 Eq. 1.

Margaret Tunstall's CaseENR 3 Sim. 312.

Currin v. DoyleUNK 3 L. R. Ir. 265.

Gardner v. Sheldon Tud. L. Cas. 625.

Salter v. CavanaghUNK 1 Dr. & Wal. 668.

Langham v. Nanny 3 Ves. 467.

In re Rawlins 45 Ch. Div. 299.

In re Dixon's Trusts Ir. Rep. 4 Eq. 1.

White v. Supple 2 Dr. & War. 471.

Say & Seal's CaseENR 10 Mod. 440.

Fenton v. Fenton 1 Dr. & Walshe, 611.

Clayton v. Glengall 1 Dr. & War. 1.

Richardson v. HarrisonELR 16 Q. B. Div. 85.

Sherwin v. KennyUNK 16 Ir. Ch. Rep. 138.

Lysaght v. M'GrathUNK 11 L. R. Ir. At p. 168.

Meyler v. MeylerUNK 11 L. R. Ir. 522.

Ward v. Dyas Ll. & G. temp. Sugden, 177.

Daniel's Settlement Trusts 1 Ch. Div. 375. VOL. XXX.

Marriage settlement — Construction — Gift by implication in favour of issue of marriage — Resulting use in favour of settlor — Estate pur autre vie.

72 LAW REPORTS (I RELA ND). [L.11.1. Q. B. Div. CHAMP v. CHAMP AND OTHERS (1). 1892. Jan. 29, 30. Marriage settlement-Construction-Gift by implication in favour of issue of Feb. 1. marriage-Resulting me in favour of settler-Estate par autre vie. J. C., the owner of premises held under a lease for lives renewable for ever, demised portion thereof, in 1811, to I. C. for the life of A. C. (I. C.'s son), or 999 years. In 1829, J. C., on the marriage of A. C. and M. (the daughter of J. C.), conveyed the reversion upon the lease of 1811 to I. C., to the uses, and upon the trusts after the marriage, following, viz. to the use of the said A. C. for life, then to the use of M., in ease she should survive A. C ; and the said J. C. covenanted to pay the proportionate part of the rent reserved under the head lease for lives ; but it was covenanted that after the death of J. C. the said head-rent should be paid by A. C. ; and upon further trust that in case the said A. C. and M. should both die without leaving any children of the said intended marriage, and that having such, all such children should die under age, and that the decease of M. should happen before that of A. C., in that case not to A. C.'s children by any other marriage, then in, that case that the said I. C. (the trustee), his heirs, executors, administrators, or assigns, should and would convey the settled premises to J. C. (the settlor), his heirs and assigns. There was no express limitation in favour of the issue of the marriage. M. predeceased A. C., and after the death of A. C. there was issue of the marriage, who attained full age:- Held, in an action of ejectment for non-payment of the rent reservedby the lease of 1811, by the heir-at-law of J. C. that there was a gift by implication in favour of the children of the marriage, and that the heir-at-law was not entitled to recover. _Kinsella v. Caffrey (11 Ir. Ch. Rep. 154) followed, and applied to a deed. SPECIAL CASE stated by The Honorable Mr. Justice Harrison, on the hearing of a civil-bill appeal at Maryborough Summer Assizes, 1891, as follows :- 1. This was a civil-bill ejectment for non-payment of rent, brought to recover certain premises, called part of the lands of the Deerpark, or Ballymorris, containing about 4A. 3R, 32r., statute measure, situate in the parish of Lea, barony of PortnaÂhinch, and Queen's County, held by the defendants, as tenants (1) Before HOLMES and GIBSON, JJ. VOL. XXX.] Q. B. & EX. DIVISIONS: 73 to the plaintiff, under a lease dated the 2nd May, 1811, for Q. B. Div. the term of one life (which had since died), or 999 years at the 1592. CHAMP C yearly rent of £5 10s. 9d., payable half-yearly on the 1st May V. and 1st November in each year, and six years of the said yearly CHAMP. rent, amounting to the sum of £33 4s. 6d., were stated to be due to the 1st November, 1890. 2. The facts of the ease as proved before me were as follows :- By lease dated 30th September, 1699, the Earl of Galway demised to Michael Champ, his heirs and assigns, certain premises, containing about 12 acres Irish plantation measure, and of which the premises, the subject-matter of this action, form part, to hold for three lives, with a covenant for perpetual renewal, at the yearly rent of £2 8s. Od. (Irish currency), with one half-year's rent as a renewal fine. This lease was several times renewed, and the last renewal thereof was dated the 29th April, 1829, and was made by the then Earl of Portarlington (the then owner of the lessor's interest in the said lease of the 30th September, 1699) to James Champ, who for convenience is hereinafter referred to as James Champ the first, his heirs and assigns, which James Champ the first then and in and since the year 1811, until his death, as hereinafter stated, was the owner of the lessee's interest in the said lease of the 30th September, 1699, for the term of three lives, one of which lives is still in being. 3. On the 2nd May, 1811, James Champ the first made the lease of the premises in question in this case (being a lease of part of the premises demised by lease of the 30th September, 1699), to Isaac Champ the elder, for the term of the life of Arthur Champ, son of the said Isaac Champ, or 999 years, at the yearly rent of £6, Irish currency, equivalent to £5 10s. 9d. of the present currency. 4. James Champ the first died in the month of November, 1843, intestate, and leaving James Champ (hereinafter referred to for convenience as James Champ the second), his eldest son, and heir-at-law, and James Champ the second died on the 25th November, 1883, intestate, and leaving the plaintiff his eldest son and heir-at-law. 5. It was proved on behalf of the defendants that on the 74 JAW REPORTS (IRELAND). [L. IL I. Q. R. Div. occasion of the marriage of Mary Champ, daughter of James 1892. Champ the first, to the said Arthur Champ, the son of the said. CHAMP V. Isaac Champ the elder (and the life named in the said lease of V CRAMP. the 2nd May, 1811), by the settlement made on the said marriage on the 21st January, 1829, and made between James Champ the first of the first part, the said Mary Champ of the second part, the said Arthur Champ of the third part, and Isaac Champ the younger of the fourth part, after reciting the said lease of the 2nd May, 1811, and that it had been agreed between James Champ the first and the said Arthur Champ, that the said James Champ the first should assign and make over all his estate and interest in the said lease of .the premises thereby demised to the said Isaac Champ upon the several trusts and purposes thereinafter mentioned, it was witnessed that in consideration of said intended marriage, James Champ the first assigned to the said Isaac Champ, his heirs, executors, administrators, and assigns, the premises as described in the said lease of the 2nd May, 1811, to the uses and upon the trusts thereinafter declared, that is to say, after the solemnization of the said marriage, to the use of the said Arthur Champ for life, and after his death then to the use of the said Mary Champ, in case she should survive the said Arthur Champ for life ; and James Champ the first thereby covenanted with Arthur Champ and Isaac Champ, their executors, administrators, and assigns, to pay the sum of eight shillings yearly, being the proportionate part of the head-rent or rent under the said lease of the 30th September, 1699, payable out of the said. premises ; and after the death of the said James Champ the first it was thereÂby agreed the said Arthur Champ, his heirs, or assigns, should pay the said yearly rent of eight shillings. Then in the said settlement there was a further trust of the said premises, expressed as...