Corbet v Corbet

• Jurisdiction: Ireland
• Judgment Date: 19 June 1874
• Date: 19 June 1874
• Court: Rolls Court (Ireland)

Rolls.

CORBET

and

CORBET.

Rogers v. Thomas 2 Kee. 8.

Kendall v. KendallENR 4 Russ. 360.

Phillips v. Eastwood Ll. & Go. temp. S. 270.

Briggs v. PennyENR 3 Mac. & G. 546.

Eade v. EadeUNK 5 Mad. 118.

Williams v. WilliamsENR 1 Sim. N. S. 358.

Reid v. Atkinson Ir. Rep. 5 Eq. 373.

Green v. Green Ir. Rep. 3 Eq. 629.

Webb v. WoolsENR 2 Sim. N. S. 267.

Lambe v. EamesELR L. R. 10 Eq. 267.

Brook v. Brook 3 Sm. & Gif. 481.

Wagstaff v. WagstaffELR L. R. 8 Eq. 229.

Gppdlad v. BurnettENR 1 K. & J. 341.

Crooke v. De Vandes 9 Ves. 197.

Cary v. Cary 2 Sch. & Lef. 189.

Knight v. KnightENRENR 3 Beav. 98, 172; on App. 9 Cl. & Fin. 518.

Bridges v. Bridges 8 Vin. Abr. title Devise, Ob. Pl. 13.

Goodlad v. BurnettENR 1 K. & J. 341.

Douglas v. DouglasENR Kay, 404.

Cole v. Scott 1 Mac. & Gor. 518.

Grey v. PearsonENR 6 H. L. C. 78.

Abbott v. MiddletonENR 7 H. L. C. 89.

West v. LawdayENR 11 H. L. C. 375.

Reid v. Atkinson Ir. Rep. 5 Eq. 373.

Bernard v. MinshullENR John. 276.

Briggs v. PennyENR 3 Mac. & G. 546.

Will — Residuary confined to specified purposes — Precatory trust.

456 THE IRISH REPORTS. ever, think that this is a legitimate deduction from the settlement itself; and if the Master of the Rolls was of that opinion, I disagree with him ; but I am not satisfied that such was his opinion." The case of Murray v. Parker (1) proceeded before Sir John Romilly and was rested upon similar views. In the case before me, I could not, from the settlement itself, as Lord Cranworth says, draw a legitimate deduction that it has been framed in error ; but having regard to the written ante-nuptial contract and the evidence in the case, I can, I think, safely come to the conclusion that the settlement has been framed in error in respect of the matter contended for by the Plaintiff. Solicitors for the Plaintiff : Messrs. Longfield, Davidson, 4 Kelly. Solicitor for the Minor Defendant : Mr. E. De Moleyns. CORBET v. CORBET. Will-Residuary bequest confined to specified purposes-Precatory trust. A testator having stated in his will that he had four shares in the N. Bank, an insurance policy, a bond, and half of an annuity--gave the Bank shares to his sister S., as a trustee for his niece ; and, having disposed of the other proÂÂÂperty already mentioned, he bequeathed the " remainder of those effects (all my just debts being paid) if any remain," to his sister, adding, " and I beg she will apportion between the above-named [naming four of his legatees], and, as my nephew John Corbet has a less secure position in life than his brothers, to him such portion or portions as she shall see fit. I would also wish that she should have power to give some small amounts for charity, especially to Daniel L.'s family, &c. :"- Held, that the residuary bequest was confined to the property specifically enumerated, and did not pass N. Bank shares or other property acquired after the date of the will. Held, also, that S. took the residue as a trustee for the persons named, and not beneficially. MOTION FOR A DECREE in a suit for the administration of the assets of William Corbet. William Corbet being entitled to personal estate Consisting (amongst other matters) of four shares in the National Bank of (1) 19 Beay. 305. Ireland, a policy of assurance in the life of Harriett Wilton, one Rolls. half of an annuity or rent-charge from a Mrs. Mlfahon, a bond 1873. for £250 with interest due thereon of his nephew Robert Corbet, CoRIM and some furniture and plate, on the 4th September, 1858, made vOnvBET. his will as follows :- I have four shares in the National Bank of Ireland, an insurance policy on the life of Harriett Wilton or Power, and one half in an annuity or rent-charge from Mrs. Mahon ; also a bond for £250, with interest long due thereon by my nephew, and some furniture and plate. The bank shares I give to my sister Susan Corbet, with the intention that she apply the interest or other proceeds thereof, or principal, if she think fit, for the use of Susan Corbet, a daughter of my late brother Edward. The bond of my nephew, I bequeath to his three sisters-Anne, Mary, and Theresa Corbet. The policy of insurance I wish to be sold, as well as any furniture I possess, willing, however, to my dear sister-in-law, Eliza Costigan, any or every article thereof she may choose to accept. In regard to the half share of Mrs. Mahon's annuity, on which I have an insurance policy for £400, the half of this annuity belongs to the children of the late John Smith, but I have paid the premiums on the policy. Still looking to the very unsatisfactory nature of the purchase made by Mr. Smith from me of the half, and that long arrears and losses have accrued, I will that these children, when the annuity ceases, shall get out of the policy and of the interest a full halfand £100 above. The remainder of those effects (all my just debts being paid), if any remain-seeing that I passed a bond to my sister, Susan Corbet-I leave to my sister, and I beg she will apportion between the above-named Susan Corbet, Anne, Mary, and Theresa Corbet ; and as my nephew John Corbet has a less secure position in life than his brothers, to him such portion or portions as she shall see fit. I would also wish that she should have power to give some small amounts for charity, especially to Daniel Laffin's family, tie. These are my desires on these matters, should death overtake me on the journey. I leave my sister sole executrix." The testator died on the 22nd of June, 1872, and his sister, Susan Corbet, the Plaintiff, proved the will on the 7th of August, 1872. At the time of his death he was entitled to personal estate of much larger value than at the date of making his will. He held nine Hibernian Bank shares, ten National Bank of Ireland shares, fifty-two Munster Bank (Limited) shares, policy of assuÂÂÂrance on the life of Harriett Wilton, some cash in bank and in the house, and household furniture and other effects. . Mr. Lawless, Q. C., and ar. T. P. Lynch, for the Plaintiff, conÂÂÂtended, 1st, that the bequest of " the remainder of those effects, VOL. VII. 2 II 458 Rolls. 1873. COR BET V. CORSET. THE IRISH REPORTS. [I. R. (all my just debts being paid)," was a general residuary bequest which comprised all the property which the testator was possessed of at his death. The charge of debts was sufficient evidence of the testator's intention to include the general residue: Rogers v. Thomas (1) ; Kendall v. Kendall (2) ; Phillips v. Eastwood (3). 2ndly, that the Plaintiff Susan Corbet took the residue discharged of a trust : Briggs v. Penny (4) ; Bade v. Eade (5) ; Williams y. Williams (6) ; Reid v. Atkinson (7) ; Green v. Green (8); Webb v. Wools (9) ; Lambe v. Barnes (10) ; Brook v. Brook (11). 111r. F. W. Walsh, Q. C., Mr. Jellett, Q. C., Mr. O'Hagan, Q. C., Mr. Curtis, Mr. Booley, and Mr. G. Perry, for the several Defendants. As to the first question they relied on Wagstaff' v. Wagstaff (12) ; Goodlad v. Burnett (13) ; Crooke v. De Vandes (14). On the second point they cited Cary v. Cary (15) ; Knight v. Knight (16); Eade v.Eade (5) ; Bridges v. Bridges (17). THE MASTER OF THE ROLLS : I do not mean to give judgment at present on the question as to the precatory trust. That is a serious and important question. But I am prepared to give judgment on the other question, on which I entertain the clearest opinion. The testator made his will on the 4th of September, 1858. He did not die until the 22nd of June; 1872. The will is very short, and written in the testator's own hand, as he declares on the face of it, and made to provide for death overtaking him on a journey he was then about to undertake. It is conceded that at the time the will was made the testator had. but four shares in the National Bank, he had (1) 2 Kee. 8. (2) 4 Russ. 360. (3) Ll. & Go. temp. S. 270. (4) 3 Mac. & G. 546. (5)-5 Mad. 118. (5) 1 Sim. N. S. 358. (6) Ir. Rep. 5 Eq. 373. (7) Ir. Rep. 3 Eq. 629. (8) 2 Sim. N. S. 267. (9) L. R. 10 Eq. 267. (10) 3 Sm. & Gif. 481. (11) L. R. 8_Eq. 229. (12) 1 K. & J. 341. (13) 9 Yes. 197. (14) 2 Soh. & Lef. 189. (15) 3 Beay. 98, 172 ; on App. 9 Cl. & Fin. 518. (16) 8 Yin...