Dodds v Dodds

JurisdictionIreland
Judgment Date27 November 1860
Date27 November 1860
CourtCourt of Appeal in Chancery (Ireland)

Ch. Appeal.

DODDS
and
DODDS.

Wynch's TrustsENR 5 De G., M. & G. 188.

Gummoe v. HowesENR 23 BEav. 184.

Doe d. Burren v. Charlton 1 Scott, N. S., 290.

Knight v. EllisUNK 2 B. C. C. 570.

Doe v. LamingENR 2 Burr. 1100.

Goodlittle d. PegdenENR 2 T. R. 720.

Britton v. TwigENR 3 Mer. 176.

Idle v. Cooke 2 Lord. Ray. 1152.

Jesson v. WrightENR 2 Bli. 1.

Mr. Jarman 2 Jar. on Wills, 312.

374 CHANCERY REPORTS. 1860. Ch. Appeal. Court of Appeal in Cbanarg. DODDS o. DODDS.* Nod. 27. Bequest of por- THIS case came before the Court upon an appeal from an order of tion of a chat- ., to the LORD CHANCELLOR, dated the 4th day of June 1860, by which • tel real my son J., and he gave relief to the petitioner, under the following circumstances :- if J. dies with out a lawful By lease, dated the 30th of October 1799, lands were demised for a male heir, his part of the term of twenty years, with a toties quoties covenant for renewal.- land falls to his brother R. The lessee's interest became vested in George Dodds, who, in 1842, I also order that the part obtained a renewal for twenty years. In 1847, George Dodds of the lands which I be- made his will, which, so far as material, was as follows :-" I leave queath to my son J. is to and bequeath to my son Robert that part of land that Felix fall •to his Conly lived in, which I hold by a totious quotious covenant of youngest son, Niudetuhmoubtritanneye.,, renewal. I also order, that if my son Robert takes a notion to sell -Held, that that part of land which I bequeath to him, that I will not permit J. did not take an nterest absol inut he is him to sell to anyone but his brother John. I also order, that if my i portion of the son Robert dies without a lawful meal heir, his part of lands falls lands, and that the gift over to to his brother John. I also order, that, the part of land which I R. was not too remote. bequeath to my son Robert is to fall to his youngest son, without Statement. any incumbrance. I also leave and bequeath to my son John that part of land which I lived in at the time Conly had the other part ; I also order, that if my son John takes a notion to sell that part of land which I bequeath to him, that I will not permit him to sell to anyone but his brother Robert. I also order, that if my son John dies without a lawful meal heir, his part of the land falls to his brother Robert. I also order, that the part of lands which I bequeath to my son John is to fall to his youngest son, without...

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1 cases
  • Kearney v Kearney
    • Ireland
    • Court of Appeal (Ireland)
    • 23 January 1911
    ...34 Ch. D. 357. (6) [1906] 2 Ch. 121. (7) 27 W. R. 39. (8) 4 M. & S. 88. (9) 2 Vern. 722. (10) 1 Douglas, 336. (11) 10 Ir. Ch. R. 476; 11 Ir. Ch. R. 374. (12) 5 Ir. Ch. R. (1) 3 Ch. D. 703. (2) 34 Ch. D. 357. (3) 31 Ch. D. 72. (4) 95 L. T. (N.S.) 48. (5) L. R. 10 C. P. 701, 709. (6) [1904] 1......

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