Farrell, Appellant v Glesson, Executrix of Glesson, Respondent

• Jurisdiction: Ireland
• Court: House of Lords (Ireland)
• Judgment Date: 05 September 1844
• Date: 05 September 1844

H. of Lords.

FARRELL

,

Appellant

and

GLESSON, Executrix of GLESSON

,

Respondent.

Farran, in error, v. Ottiwell 2 Ir. Law Rep. 110.

478 CASES AT LAW. - 1844. H; of Joni& 3m tbt *toutSt of lorlio, FARRELL, Appellant, V. GLEESON, Executrix of GLEESON, ResPondent. September 5. A judgment Tins was at appeal from the Court of Equity Exchequer in Ireland, to the was obtained House of Lords. The bill was filed on the 18th of April 1838, by the in 1813, and revived by respondent, in the Court of Equity Exchequer in Ireland, against the appel seire facial at lent and others, praying (amongst other things) that an account might be the suit of the executor of taken of the sum due to the complainant as executrix as aforesaid, for prin the conusee against the cipal, interest, and costs of proceedings on foot of the judgment therein heir and terte- mentioned to have been obtained by the said John Gleeson, deceased, nants of the co nusor in 1829. against Michael Keane, deceased ; and that if the personal estate of said A bill was filed Michael Keane should be found insufficient to satisfy the said sum to be in 1838 in the Court of Ex- found due to the complainants, then that a sale might be had of the lands chequer in Ire- . land, against in the bill mentioned of , for payment o the said amount, and of other charges the represen- and incumbrances. tatives of the real and per- The bill stated, that John Gleeson (the respondent's testator) obtained sonal estate of 181 T a judgment against Michael Keane in Trinity Term 1813, for £199. the debtor, praying for an 19s. 10d. penalty ; that previous to the intermarriage of Jane Keane, account, and payment of the one of the daughters of said Michael Keane certain , with the appellant, n principal and articles of agreement were entered into and executed, bearing date the interest due on the judgment, 5th day of April 1821, whereby, after reciting the said intended mar out of the riage, the said Michael Keane covenanted with appellant to execute such debtor's per- sonal or real deed or deeds as Counsel should direct, for conveying and assuring to estate. Held, that a plea of the trustee of said marriage settlement, the several lands and premises the Statute of therein mentioned, upon the trusts therein mentioned, and subject thereto, Limitations (3 & 4 W. 4, to the sole and only use of the appellant, his heirs and assigns for ever. c. 27, s. 40), The bill then stated, that the said Michael Keane died on the 14th of by a...