Croniin v Roche

• Jurisdiction: Ireland
• Judgment Date: 26 May 1858
• Date: 26 May 1858
• Court: Rolls Court (Ireland)

Rolls.

CRONIIN

and

ROCHE.

Stillman v. WeedonENR 16 sim. 26.

M'Adam v. Logan 3 Br, C. C. 310.

Cave v. Cave 2 Jur., N. S., 295.

Roah v. Haynes 8 Ves. 592.

Morgan v. SurmanENR 1 Taunt. 289.

Bailey v. LloydENR 5 Russ. 330.

Hunloke v. Gell 1 Russ. & Myl. 515.

Innes v. Sayer 3 M'N. & Gor. 606.

Cloves v. AwdreyENR 12 Beav. 604.

Jones v. TuckerENR 2 Mer. 533.

Webb v. Honner 1 Jac. & Wal. 552.

Jones v. Curry 1 Swanst. 66.

Hynes v. RedingtonUNK 7 Ir. Eq. Rep. 405.

Standen v. Standen 2 Ves. Jun. 589.

Hales v. Margerum 3 Ves. 299.

Hawthorn v. Sheddon 2 Jur., N. S., 749.

Evans v. EvansENR 23 Beav. 1.

In re MorganUNK 7 Ir. Ch. Rep. 18.

v. Trevor 1P. Wms. 622.

Streatfield v. StreatfieldENR For. 176.

Jervoise v. The Duke of NorthumberlandENR 1 Jac. & W. 559.

Randal v. Willes 5 Ves. 275.

Hole v. Escott 4 M. & C. 187.

Cloves v. AwdreyENR 12 Beav. 604.

Martin's Trusts 6 Ir. Chan. Rep. 213.

Hynes V. Redington J. & Lat. 509.

CHANCERY REPORTS. 103 1857. Rolls. CRONIN o. ROCHE. (In the Rolls.) Dec. 12, 14. 1848. April 6, 23, 24. May 26. BY marriage articles, executed on the marriage of Daniel Cronin By marriage articles, it was with Miss Harriet Roche, his second wife, it was agreed that a agreed that the interest of the policy of insurance for £5000, effected on the life of Daniel Cronin, amount of a should be assigned to trustees, and, after the death of the husband spuray acnce,oef as- and wife, theproduce of it should be paid among the issue of the ed on the hus- band's life, marriage, in such manner, in such shares and proportions, to and should be ap plied, first, in , Roche amongst said issue, as the said Daniel Cronin and Harriet payment of an annuity to the or the survivor of them, should, by any deed or will, to be by them, wife, and that the remainder him or her duly executed, limit and appoint, and, for want of such of the interest should be paid appoint ment, share and share alike. The articles contained a among the covenant by Daniel Cronin to execute all such further act and acts, issue of the marriage, in deed and deeds, &c., for carrying out the articles, as the trustees su shares as the husband should require. The provisions of the articles are stated in terms in and wife, or the survivor of the judgment (infra, pp. 106, 107). them, should, by deed or The marriage was solemnised, and there was issue of it eleven will, appoint ; and in default children. Three of them, Edward, Charles and Emily, died young, of appoint ment, share and share alike ; and that the principal, after the death of the wife, should remain to the use of the issue of the marriage, in such manner and in such shares and proportions, to and amongst the said issue, as the husband and wife, or the survivor of them, should by deed or will appoint ; and for want of such appointment, share and share alike. The articles contained a covenant to execute all acts necessary to carry them into execution. The husband survived the wife ; but by a codicil to his will, made in 1854, and in her lifetime, he willed and devised that whatever property he should die possessed of, or be entitled to, either freehold or otherwise, after the payment of his just and lawful debts and funeral expenses, should be equally divided amongst his sons and daughters which he then had, or might have, by his said marriage ; and that on the death of either of his sons or daughters by his said marriage, before they arrived at the age of twenty-one years, the share or shares of him or her should be equally divided amongst the survivors ; and he declared it to be his will and desire that, in the event of his being entitled to any property not named in his will, which contained an exclusive, and therefore invalid, appointment of the principal of the policy, his wife should be his residuary legatee. Held, that the will and codicil did not amount to a valid execution of the power. Held also, that if a settlement had been executed, it should have contained a clause that, in the event of any of the children dying under age and unmarried, the share of the child so dying should go to the survivors. 104 CHANCERY REPORTS. in the lifetime of their father and mother. Eight of them survived their father and mother, viz., Harriet, born in August 1827 ; Fanny, born in December 1828 ; James, born in January 1830 ; George, born in January 1831 ; Maria, born in July 1832; Helena, born in June 1845 ; Emily, born in 1850 ; and Dominick, born in October 1854. Mrs. Cronin died on the 10th of October 1854. On the 9th of October 1839, while Mrs. Cronin was yet alive, Daniel Cronin made his will, by which he bequeathed a sum of £1000 of his own property, " together with the sum of £1000, the residue of the policy mentioned in my second marriage settlement, to hold same upon trust to, pay and apply it, with the interest thereof, to and amongst my present daughters by my second marÂriage, share and share alike ; and after the decease of my said dear wife, then to pay and apply the sum of £4000, under the policy of insurance, the interest of which, she, my said wife, is entitled to during her life by her marriage settlement, to and amongst my present daughters by my second marriage, share and share alike." Daniel Cronin made several codicils to his will. By the fourth codicil, which bore date the 12th of November 1850, he...