Connellan's Trusts,

• Jurisdiction: Ireland
• Judgment Date: 01 December 1865
• Date: 01 December 1865
• Court: Rolls Court (Ireland)

In the matter of CONNELLAN'S TRUSTS,

Rolls.

Davidson v. Dallas 14 Ves. 578.

In re Jackson's Trusts 14 Ir. Chan Rep. 472.

Barlow v. Salter 17 Ves. 479.

In re Keep's WillENR 32 Beav. 122.

Davidson v. Dallas 14 Ves. 578.

Crowder v. StoneENR 3 Russ. 217.

Jackson's Trusts 14 Ir. Chan Rep. 472.

524 CHANCERY REPORTS. 1866. the case of Bell v. Code (a), and in Gosling v. Gosling (b). Vice Rolls. Chancellor Kindersley also referred to the subject in Jackson v.' MURRAY Turnle,y (c). v. MOYERS. As the devise over in this case (supposing it not to be at an Judgment. end by reason of the testator's daughter Emily having marÂried, and left a child) is contingent, and the contingency, whatÂever that contingency may be, may never arise, I do not think I should now be called on to declare upon what event the devise over would take effect, Counsel who appeared to support the Master's order admitting it cannot be supported to the extent to which it goes. I shall therefore direct this appeal to stand over until the appellant shall attain twenty-one, or until this death under twenty-one ; and I shall reserve liberty to any of the parties who have appeared on this appeal to apply as they may be advised; and the deposit will be returned ; and I shall declare that William Francis Cardwell, the father and guardian of the minor William Charles Cardwell, is entitled to the costs of this motion and order out of the property of the minor, the said costs to be taxed as guardian's costs. (a) 2 S. & E. 122. (b) 1 John. 265. (c) 1 Drewry, 817. 1865. Dec. 1 . A testator be- A petition was presented praying the transfer of a sum of £551. queathed l his propertyal to 15s. 6d. stock and £16. 4s. ld. cash, to the petitioner Catherine Darcy. his four dau h- ters, share agnd She was the survivor of four daughters of Thomas Connellan. The share alike, the share of each to be given to each on their days of marriage, with consent; and if his said daughters should happen to die unmarried, then the share of said child to go, share and share alike, among his said surviving daughters or daughter so surviving. Held, that " surviving daughters " meant other daughters ; and therefore that the children of a deceased daughter were entitled to a share of the legacy of a daughter who died unmarried. CHANCERY REPORTS. 525 -sum in Court represented the share of one of the four daughters, who died unmarried ; and the petitioner claimed it under a clause in the will of Thomas Connellan, which directed that, if any of the testator's daughters should die unmarried, her share should go, "share and share alike, among my said surviving daughÂters or daughter so surviving." The children of a deceased sister, Bridget Sandys, claimed a moiety of the fund. The will, and periods of the deaths of the several daughters of the testator, are stated in the judgment. 1865. Rolls. ..•••nn,n•1 In re CONNELLAN'S TRUSTS. Statement. Mr. O'Hara, for the petitioner, contended that the words Argument. " surviving daughters" should be construed in their natural and ordinary sense ; and cited 2 Jarman on Wills, p. 648, and cases there cited : Davidson v. Dallas (a). Mr. F. W. Walsh, for the children of Bridget...