Felan v Russell

• Jurisdiction: Ireland
• Judgment Date: 04 June 1842
• Date: 04 June 1842
• Court: Equity Exchequer (Ireland)

Equity Exch.

FELAN

and

RUSSELL.

De pasENR 1 Amb. 228

Rex v. Lady PortingtonENR 1 Salk. 162.

Cary v. Abbot 7 Ves. 490.

The Attorney General v. ToddENR 1 Keen, 803.

Moggirdge v. Thackwell 7 Ves. 37, 83, 86

Ommaney v. Butcher Tur. & R. 260, 270

Powerscourt v. Powerscourt 1 Moll. 616.

Hibbard v. LambENR 1 Amb. 309.

Down v. Worrall 1 M. & K. 561.

The Archbishop of Canterbury 14 Ves. 364.

Moggridge v. Thackwell 7 Ves. 83.

The Attorney General v. —ENR Dick. 168.

Ommanney v. Butcher Tur. & R. 271.

Agar v. Fairfax 17 Ves.

CASES IN EQUITY. 701 tinue to perform the duties of a trustee at his peril; and that if the petitioners thought they had a case for removing the present trustee, and appointing a new one in his place, they must file a bill for the purpose; when, if it appeared that the trustee had improperly refused to act, he would be obliged to pay the costs of such bill. 1842. Equity Each. ANONYMOUS. ANONYMOUS. Taw bill in this case was filed for a foreclosure and sale ; and a final decree for that purpose had been obtained. The mortgagor had been convicted of felony, and had been transported. The equity of redemption having vested in the Crown, the Attorney-General was made a party to the suit. Mr. J. Murphy, Q. C., for the plaintiff, now applied that the premises might be set up to be sold, subject to a condition of sale that the purÂÂchaser should not require that the purchase deed should be executed by the Attorney-General on behalf of the Crown ; and also that he should not require the record of the conviction of the mortgagor to be made up, but should be satisfied with a certificate of the conviction signed by the proper Officer. The Court granted the application. FELAN v. RUSSELL. June 4. MANY MAHON by her will, dated the 6th of September 1818, bequeathed Testatrix be- quathed the all her personal property to William Russell, whom she appointed her reseidue of her sole executor, in trust for payment of the several legacies in her will personal ., tporbo; mentioned, amongst which was a legacy of £100 to her nephew Maurice by him applied John Felan, the plaintiff in the original cause ; and she bequeathed the for such pious purposes and residue of her personal estate, after payment of her debts and legacies, to uses, as should appear to him her executor William Russell, " to be by him applied for such pious to be most con- ducive to the honor and glory of God, and the salvation of her soul. Upon a bill to administer her assets, this bequest was decreed to be a good charitable bequest; and it was, with the consent of W. R., referred to the Remembrancer to settle a scheme. W. R. died before the Remembrancer made his report; Held, that, thereupon, the disposition of the fund belonged to the Crown by sign manual. 702 CASES IN EQUITY. "purposes and uses as should appear to'him to be most conducive to the " honor and glory God and the salvation of my soul." She died on the 2nd of November 1818. The original bill was filed on the 13th of June 1825, against William Russell the executor, the next-of-kin of Mary...