Currin v Doyle

• Jurisdiction: Ireland
• Judgment Date: 05 February 1878
• Date: 05 February 1878
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

CURRIN

and

DOYLE.

Brennan v. Boyne 16 Ir. Ch. R. 87.

M'Clintock v. Irwine 10 Ir. Ch. R. 480.

Barron v. Barron 2 Jones' Ex. Rep. 226.

Jeff v. RobinsonENR 8 B. & C. 296.

Allen v. Allen 2 Dr. & War. 327.

Crozier v. Crozier 3 Dr. & W. 373.

Dawson v. DawsonUNK 13 Ir. L. R. 472, 478.

Johns v. FrenchUNK 1 Hogan, 457.

Lamphier v. Drapes 14 Ir. Ch. R. 37, per Brady, L. C.

M'Clintock v. Irvine 10 Ir. Ch. R. 480, 486.

Brenan v. Boyne 16 Ir. Ch. R. 102.

Lamphier v. Drapes 14 Ir. Ch. R. 37.

Crozier v. Crozier 3 Dr. & W. 383.

Estate pur autre vie Entire interest Words of inheritance Intention Covenant for renewal Marriage settlement Construction of deed.

VOL. III.] CHANCERY DIVISION. 265 execution, and that the assignees have their costs of this motion Bankruptcy. out of the estate: 1879. In re Solicitor for assignees: Mr. J. Perry. GAVIN. Solicitor for sheriff of County Monaghan : Mr. D. Galbraith. V. C. 1878. Estate pur autre vie-Entire interest-Words of inheritance-Intention Covenant for renewal-Marriage settlement-Construction of deed. San. 31. Feb. 5. In a deed words of limitation are not essential in order to pass the entire interest in lands held pur autre vie, and the question what interest passes depends upon the intention of the parties, as appearing from the entire instrument. The law on this point is the same, whether the lease for lives contains a covenant for perpetual renewal or does not. By marriage settlement, reciting that it had been agreed that a moiety of certain lands held for lives renewable for ever, of which moiety the intended wife was then seised, should be granted to trustees upon the trusts and to the uses thereinafter mentioned, and for no other use whatsoever, she granted such moiety to the trustees, their heirs and assigns, upon the trusts and to the uses thereinafter mentioned, and to and for no other use, intent and purpose whatsoever; the trusts declared being to apply the yearly rents and profits for the separate use of the intended wife for life, and after her death to pay the rents and profits to the husband for life, in case he should survive her ; and, after the deÂÂcease of the survivor of them, to pay and apply the rents and profits to and. amongst such child or children of the marriage as should be then living, in such shares, and upon such conditions, manner and form as the wife, or, in default of appointment by her, as the husband should appoint, and for want of such appointment then to pay and apply the same to and among all such children as should be living at the decease of the husband and wife, equally, to sons at twenty-one, and to daughters at twenty-one or marriage ; and in case there should be no such child or children living at the decease of the husband and wife, or in case all of them should die before their shares should become payable, then and from thenceforth to and for the use of the intended wife, her heirs and assigns. The husband and wife died without making any appointÂÂment. Held, that the children of the marriage who survived the husband and 266 LAW REPORTS (IRELAND). [L. R. I. V. C. wife took absolute interests in the moiety of the lands comprised in the 1878. settlement. GUERIN BY indenture of settlement dated the 7th day of May, 1835, DOYLE. and made between William Currin of the first part, Mary Anne Donnell of the second part, and two trustees of the third part, being the settlement executed on the marriage between William Currin and Mary Anne Donnell, after reciting that Mary Anne Donnell was seised and possessed of the rents and profits of one undivided moiety of the town and lands of Waterstown, and that it had been agreed between the said parties that the said Mary Anne Donnell's undivided moiety of the said lands should be granted to the said trustees, their heirs and assigns, upon the trusts, and to and upon the several uses, intents and purposes thereinafter mentioned and expressed and declared as and conÂÂcerning the same, and to and for no other use, intent or purpose whatsoever, the said Mary Anne Donnell granted to the said trustees, their heirs and assigns, her undivided moiety of the said lands of Waterstown, subject to her proportionate share of the rents, fees and renewal fines payable in respect thereof, to hold the said undivided moiety of the said lands unto the said trustees, their heirs and assigns, upon the trusts, and to and for the several uses, intents and purposes thereinafter mentioned, expressed and declared of and concerning the same, and to and for no other use, intent and purpose whatsoever, upon trust that from and after the solemnization of the said marriage they should pay the yearly rents, issues and profits of said premises to the said Mary Anne Donnell and her assigns, for her sole and separate use, for her natural life ; and from and after her decease, in case the said William Currin should survive her, upon trust to pay and. apply the rents, issues and profits of the said premises to the said William Currin and his assigns, for his life; and, after the decease of the survivor of them the said William Currin and Mary Anne Donnell, upon trust to pay and apply the rents, issues and profits of the said premises unto and amongst such child or children of the said intended marriage which should be then living, in such parts, shares and proportions, and upon such conditions, manner and form as the said Mary Anne Donnell should by deed or will direct, limit or appoint; and for want of such direction, limitation Vor.. III.) CHANCERY DIVISION. 267 or appointment, upon trust to pay and apply the rents, issues and V. C. profits of the said premises unto and amongst the issue of the said 1878' intended marriage as should be then living, in such parts, shares euRRIN v. and proportions, and upon such conditions, manner and form as DOYLE. the said William Currin should by deed or will direct, limit or appoint ; and for want of such direction, limitation or appointÂÂment, then the same to go and be equally paid and applied to, between and amongst all and every such children as shall be living at the time of the decease of the survivor of the said William Currin and Mary Anne Donnell, if more than one, share and share alike, at the respective periods thereinafter mentioned; the said share or shares of such child or children of and in such rents, issues and profits of the said premises to be from time to time paid and applied for and towards the maintenance and education of such child or children until their respective shares shall become payable as thereinafter mentioned ; which said share was to be paid and payable to such child or children in manner as follows, that is to say, to be paid to such of them as should be a son or sons at his or their age or respective ages of twenty-one years, if he should live so long ; and unto such of them as should be a daughter or daughters at twenty-one or marriage, which should first happen, if she or they should live so long ; but if any of the said children should die before his, her or their share of and in the rents, issues and proÂÂfits of the said premises should become payable, then the parts or shares of him, her or them so dying to be paid to the survivors or survivor of such child or children, when and as their respective parts or shares should become due and payable ; and in case there shall be no such child or children of the said intended marriage living at the time of the decease of the said William Currin and Mary Anne Donnell, or in case there being such child or children all of them should die before any of their parts or shares should become payable to them as aforesaid, then and from thenceforth to and for the use of the said Mary Anne Donnell, her heirs and. assigns. The lands of Waterstown mentioned in the settlement were held under a lease dated the 17th of May, 1770, for three lives renewable for ever, and certain renewals thereof. There was issue of the marriage between William Currin and 268 LAW REPORTS (IRELAND). [L. R. I. V. C. Mary Anne Donnell seven children, one of whom died in the 1878. lifetime of the parents, and the others of whom were the Plaintiffs CIIBRIN A in the present suit. v. DOYLE. • The Defendant John Doyle in 1863 was in possession of the lands comprised in the said settlement of the 7th of May, 1835, as tenant to William Currin and his wife. By an indenture dated the 18th of August, 1863, and made between the said. Mary Anne Currin otherwise Donnell, of the first part, William Currin of the second part, the children of William and Mary Anne Currin of the third part, and the Defendant John Doyle of the fourth part; after reciting the said settlement, William Currin and Mary Anne his wife, and the parties of the third part (in consideration of the sum of 300, purÂÂported to be paid by the Defendant to the grantors), granted and conveyed to the Defendant the moiety of the said lands of Waterstown. William Currin died in 1868, and Mary Anne Currin died in 1869, leaving the Plaintiffs her children her surviving. The Plaintiffs, some years afterwards, filed the bill in the preÂÂsent suit against the Defendant, charging that the entire...