Coltsman v Coltsman

• Jurisdiction: Ireland
• Judgment Date: 05 December 1864
• Date: 05 December 1864
• Court: Exchequer (Ireland)

Exchequer.

COLTSMAN

and

COLTSMAN.

Wilkinson v. SouthENR 7 T. R. 555.

Sheers v. JeffreyENR 7 T. R. 589.

King v. FrostENR 3 B. & Ald. 546.

Ex parte DaviesENR 2 Sim., N. S., 114.

Parker v. BirksENR 1 K. & J. 156.

Nichols v. HookerENR 1 P. Wms. 198.

Jones v. RyanUNK 9 Ir. Eq. Rep. 249.

Johnson v. JohnsonENR 8 Exch. 81.

Smith v. WebberENR 1 B. & Ald. 713.

Roe v. PattisonENR 16 East, 221.

Uthwatt v. BryantENR 6 Taunt. 317.

Randall v. TuchinENR 6 Taunt. 141.

BatesENR 16 East, 221.

Wyld v. LewisENR 1 Atk. 432.

Lee's caseENR 1 Leon. 285.

Walter v. Drew Comyn, 372.

Forth v. ChapmanENR 1 P. Wms. 663; S. C., Tudor's L. C. on Real Property, 552.

Daintry v. DaintryENR 6 T. R. 307.

Holmes 3 Wils. 245.

Todd v. DuesburyENR 8 M. & W. 514.

Machell v. WeedingENR 8 Sim. 4.

Simmons v. SimmonsENR 8 Sim. 22.

Moriarty v. GreyIR 12 Ir. Com. Law Rep. 129.

Cole v. GoldsmithENR 7 Taunt. 209.

Broadhurst v. Morris 2 B. & Ad. l.

Lithieulier v. TracyENR 3 Atk. 796.

Newton v. Barnardine Moore, 127.

Jesson v. WrightENR 2 Bligh, 1.

Cole v. GoldsmithENR 7 Taunt. 209.

Dunk v. Fenner 2 R. & Myl. 557.

Rex v. Milling Ven. 225.

Ex parte WynchENR 5 De G., M. & G. 188.

Booley v. RobertsENR 11 Ad. & E. 1000.

Lord Londesborough v. SomervilleENR 19 Beav. 295.

Benton v. WhiteENR 7 Exch. 720.

Casey v. Lawlor 7 Ir. Jur. 245.

Plunkett v. HolmesENR 1 Lev. 11.

Barnfield v. WeltonENR 2 Bos. & Pul. 324.

Holdfast v. MartinENR 7 T. R. 411.

Bentley v. OldfieldENR 19 Beav. 225.

Blinston v. WarburtonENR 2 Kay. & John. 400.

Mathews v. WindrossENR 2 Kay. & John. 406.

Vick v. Sucter 3 Ell. & Black, 219.

Burton v. PowersENR 3 Kay. & John. 170.

Doe v. ClaytonENR 8 East, 141.

Doe v. WhiteENR 1 Exch. 526.

Doe v. FrostENR 3 B. & Ald. 546.

Doe v. Rucastle 8 Com. Bench, 876.

Jesson v. WrightENR 2 Bligh, 1.

Doe v. GoldsmithENR 7 Taunt. 288.

Wright v. PearsonENR 1 Eden. 119; S. C., 2 Ambl. 249.

Lees v. Measely 1 Younge & Cal. 599.

Ex parte Wynch 5 De. G., M'N. & G. 599.

Roddy v. Fitzgerald 6 H. of L. Cas. 881.

Wylde v. JervisENRENR 1 Atk. 482; Westƒ€˜s cases, temp. Hardwicke, 311.

Blinston v. WarburtonENR 2 K. & J. 405.

Wylde v. LewisENR 1 Atk. 432; S. C., West, 311.

Forth v. Chapman 1 P. W. 663.

Doe v. WebberENR 1 B. & Ald. 713.

COMMON LAW REPORTS. 171 H. T. 1864. Exchequer. COLTSMAN v. COLTSMAN.* (Exchequer.) Jan. 25, 26. Dec. 5. Tan was an action of ejectment on the title, brought by Catherine A testator, seised of lands Coltsman, widow of John Coltsman the younger, against Daniel in fee and quasi fee, by Cronin Coltsman. The action was tried before Monahan, C. J., his will devised " all his pro at the Summer Assizes for the county of Kerry, 1863. It appeared perty, lands, tenements and that John Coltsman the elder, who had been seised of Flesk Castle in premises," at and about the quasi fee, under a lease for lives renewable for ever, and of Dicks- the two deno- minations, and grove in fee, died in 1835, having made his will and codicil thereto, his plate, br li- ary,pictures, set forth below. He left surviving him his widow, John Coltsman and furniture, the younger (his only son), and a daughter Mary, married to Sir - to A. rected He di an an William D. Godfrey; another daughter, Christina, who had married nuity to be paid to his wife Daniel Cronin the younger, had died in the lifetime of the testator, "out of the rents, issues, leaving issue, of whom the defendant, Daniel Cronin the younger, dividends, in terest and pro who afterwards took the name of Coltsman, was the eldest. John fits of my said estates." By a Coltsman the younger, shortly after his father's death, executed dis- codicil, the tes- that, entailing deeds of both the above denominations. He died on the that, " if it should happen 15th of January 1849. By his will, after giving some small legacies, that my son A d without he devised "all the residue of his real and personal estate" to his heirs of his wife Catherine Coltsman, the plaintiff in this action. body lawfully begotten, or to be begotten, in that case, and default of such heirs," then his lands of both denominaÂÂtions, charged with the,; annuity to his wife, and with any reasonable provision A should make for his wife, should, at A's death, descend to his grandson D, who was to take the testator's name in addition to his own. The codicil also declared that, in case of A's death without heirs of his body lawfully begotten or to be begotten, in that ease, and in default of such heirs, the testator gave the sum of 6000 to his daughter M. A entered into possession on the testator's death, executed disÂÂtailing deeds of both denominations, and died without ever having had issue.-Held, that, under the above devise, A took either an estate for life, or in fee, in both denominations, with an executory devise over to D in fee. • Coram PIGOT, C. B., and HUGHES, B.-[FITZGERA;D, and DEASY, BB., had given opinions upon the case when at the Bail. 172 COMMON LAW REPORTS. II. T. 1864. At the trial, hit Lordship directed a verdict for the defendant, Exchequer. reserving leave to the plaintiff to move to enter the verdict for her. COLTSMAN V. The will of John Coltsman the elder, upon which the case turned, COLTSMAN. ran as follows :-" In the name of God ; amen.* I, John Coltsman, " of Flesk Castle, near Killarney, .in the county of Kerry, gentleÂÂ" man, being of sound and disposing mind and understanding, do "make and publish this my last will and testament, in manner "following-First ; I give, devise and bequeath to my son John "Coltsman all those my property, lands, tenements and premises, "at and about Flesk Castle, together with the live stock on said " lands ; also my plate, library, pictures and furniture. I also " devise and bequeath to my son John Coltsman my lands, terseÂÂ" ments and premises, with the appurtenances thereof, situate, lying " and being at Dicksgrove, near Castleisland, county of Kerry. " I give and bequeath to my son John Coltsman the money I have " at interest in the lands and estates of Daniel Cronin, my sonÂÂ" in-law, also the money I have at interest in the lands and estates "of the late Daniel Cronin, his father (the bonds I think are signed " by, father and son aforesaid). I also make over and assign to " my son John Coltsman the bond I have of Lord Kenmare for "the sum or bond of 500 sterling. I also give and bequeath "to bim the sum of 500 sterling, lent by me at interest to my "son-in-law, William D. Godfrey. I give and bequeath to my " son John Coltsman my lands and premises at Caleza de MonÂÂ" tacheque, a few miles from Lisbon ; I also bequeath and assign " to him my title and claim to some houses and lands situate "and lying in New-lane, near the South Catholic chapel, in the " city of Cork, the property of the late Doctor Walsh ; but which " houses and lands aforesaid the son of the said Doctor Walsh " promised to transfer and assign to me, in payment of a debt "which his father owed me at his death.-I give and bequeath "to my dear wife Christina Coltsman the yearly sum or annuity "of 700 sterling, during her natural life, and for her own use " and benefit, in lieu for and instead of all other provisions made "for her upon or previous to our intermarriage; said annuity to COMMON LAW REPORTS. 173 "be paid and payable (into her own hands) out of the rents, issues, "dividends, interest and profits of my said estates, by half-yearly " payments, on the 25th day of March and the 29th day of SepÂÂ" tember in every year, by even and equal proportions ; the first " payment of the same to begin and be made on such of the said " days as shall first happen after my decease: the said annuity to " be also paid or payable clear of all taxes and deductions what soever. I also give and bequeath to my dear wife Christina ColtsÂÂ" man, the further sum of 1000 sterling, to be paid to her out of " my said estates, at the end of the year next after my decease, for " her own use and benefit. I also bequeath to my dear wife "Christina Coltsman, during her natural life, such part or portion "of the said plate as she may think proper for her own use, and "to be returned at her decease to my son John Coltsman, his heirs, " executors and assigns. I also give and bequeath to her our best " carriage and carriage-horses, and desire that she shall have suffiÂÂ" dent good and suitable furniture for the rooms she may prefer " in Flesk Castle for her own use. I bequeath to my daughter " Mary Godfrey the sum of 300, to be placed in the funds for " her own use and benefit, and so as that the said sum of 300, or " any part of it, shall not be liable to the debts, engagement, " management or control of her husband. I give to my son-in-law "Daniel Cronin the sum of 100 sterling ; also to my son-in-law " William D. Godfrey the like sum of 100 sterling. I, moreover, "give and bequeath to my dear wife Christina Coltsman whatsoÂÂ" ever part or portion of the household linen she may think proper "for her own use, and also desire that she may have the disposal of " by will of the 1000 before mentioned (and bequeathed in this " will to her), at any time she may think proper after my decease. "I also hereby constitute and appoint my beloved Christina " Coltsman executrix, and my son John Coltsman executor, of "this my last will and testament; hereby revoking and annulling " all former and other wills and testaments by me at any time " heretofore made." " In witness whereof I have, to this my last will and testament, 174 COMMON LAW REPORTS. "set and subscribed my hand and seal, 9th day of August 1833, " &c., &c.-John Coltsman." The testator made the following codicil :-" Whereas I, John " Coltsman, of Flesk Castle, near Killarney, in the county of Kerry, "gentleman, have made and duly executed my last will and testaÂÂ" ment in writing, bearing date the 9th day of August 1833 "now, I do hereby declare this present writing to be a codicil "to my said will, and I do direct the same to be...