Edgeworth v Johnston

• Jurisdiction: Ireland
• Judgment Date: 18 June 1877
• Date: 18 June 1877
• Court: Chancery Division (Ireland)

V. C. Court.

EDGEWORTH

and

JOHNSTON.

Hinchcliffe v. Hinchcliffe 3 Ves. 516.

Trimmer v. Bayne 7 Ves. 508, 515.

Durham v. Wharton 3 Cl. & F. 146, 154.

Chichester v. CoventryELR L. R. 2 H. L. 71.

Dawson v. DawsonELR L. R. 4 Eq. 504, 511.

Curtin v. Evans Ir. R. 9 Eq. 550.

Weall v. Rice 2 Rss. & Myl. 251.

Will — Settlement — Ademption — Legacy adeemed by portion.

EDGEWORTH v. JOHNSTON. Will-Settlement-Aclemption-Legaey adeemed by portion. Legacies of £3000 each charged. upon a testator's real estate were beÂÂÂqueathed by him to his two daughters, payable at twenty-one years of age or time of marriage, subject to a proviso that, on the death of either daughter under that age and unmarried, her legacy should sink into the estate for the benefit of the inheritance. Subsequently to the date of the will settlements were executed on the marriages of the daughters, by which sums of £4000 and £2000 respectively were charged by the testator upon parts of the real estate devised. by the will, and were respectively settled in trust for the daughters, their husbands, and the children of their marriages-such children being sons to take vested interests at twenty-one years of age, and being daughters at twenty-one or time of marriage ; and. in each settlement there was an ultimate trust in favour of the settlor (the testator), in one settlement in default of there being children of the marriage living to attain. vested. interests, and., in the other, in default of such children, and in the event of the testator's daughter dying in her husband's lifetime : Held, that the legacies were in the one instance completely and in the other pro tanto adeemed by the provisions made for the daughters in their settlements. SUIT to execute the trusts of the will of James Johnston, of Maheramena, in the county of Fermanagh, deceased. Hearing on further consideration. James Johnston, being seised and possessed of considerable real and personal estate, made his will dated the 11th of May, 1860, and thereby devised all his estates and property to Henry EdgeÂÂÂworth and George Knox, and the survivor of them, his heirs, executors and administrators, upon the trusts therein stated. He bequeathed to his daughter Marian (afterwards the wife of Charles Philip Webber) the sum of £3000, and to his daughter Rosetta (afterwards the wife of Joshua Joseph Pim) the sum of £3000, which said several sums of £3000 should be charged on all his estates, real, freehold, and chattels, and he directed that his trustees should, in the first place, out of the rents and profits of his said estates until his son Robert Edgeworth Johnson should attain twenty-five years, or by demising or mortgaging the same (save his mansion-house and demesne lands), levy and raise the VOL. XI.] EQUITY SERIES. first happen, such sums to bear interest from his death until paid at the rate of £5 per cent. per annum, with a proviso that, in case his daughters, or either of them, should die unmarried and under the age of twenty-one, the said sums, or one of them, as the case might be, should sink into the estate for the benefit of the inheritÂÂÂance. And as to all his estates, subject however as aforesaid, he directed that his said trustees should from the time when his son Robert Edgeworth Johnston should attain the age of twenty-five, stand seised and possessed of the same to the use of the said Robert Edgeworth Johnston during his life, and after his decease to the use of his first and other sons in tail male, with remainders over. The testator's daughter Rosetta married Joshua Joseph Pim, and by a settlement executed on the occasion of that marriage, bearing date the 18th of September, 1865, and made between Joshua Joseph Pim of the first part, James Johnston (the testator) of the second part, Rosetta Johnston of the third part, and George Pim Malcolmson and Alexander Shuldham of the fourth part, the said James Johnston charged a considerable portion of his real estate with the payment to the said George Pim Malcolmson and Alexander Shuldham of £4000, with interest thereon at £4 10s. per cent. per annum, to be computed on £2000, a moiety thereof, from the date of the said marriage, and on £2000, the remaining moiety thereof, from the death of the said James Johnston, with a proviso that it should be lawful for, but not compulsory on, the said James Johnston to pay off the said principal sum of £4000 in his...