Fitzgerald v Fitzgerald

• Jurisdiction: Ireland
• Judgment Date: 04 December 1856
• Date: 04 December 1856
• Court: High Court of Chancery (Ireland)

Chancery.

FITZGERALD

and

FITZGERALD.

Wiles v. Gresham 5 D., M'N. & G. 770.

Norris v. WrightENR 24 L. J., Ch. 264; S. C., 14 Beav. 291.

Mant v. LeithENR 15 Beav. 524.

Johnston v. LloydUNK 7 Ir. Eq. Rep. 252.

M'Leod v. AnnesleyUNK 17 Jur. 608.

Fitzgerald v. O'Flaherty 1 Moll. 347.

Fitzgerald v. Pringle 2 Moll. 534.

Byrne v. NorcottENR 13 beav. 336.

Bate v. HooperENR 5 De G., M. & G. 338.

Royds v. RoydsENR 14 Beav. 54.

Fitzgerald v. O'Flaherty 1 Moll. 347.

Fitzgerald v. Pringle 2 Moll. 534.

Byrne v. NorcottENR 13 Beav. 336.

Royds v. RoydsENR 14 Beav. 54.

Bate v. Hooper 5 D., M. & Gor. 338.

CHANCERY REPORTS. 145 1856. Chancery. FITZGERALD v. FITZGERALD. (Chancery.) Nov. 7, 25. Dec. 4. By a settlement bearing date the 11th of July 1840, and made in When trustees, in ood fa, ith pursuance of an order of the Court of Chancery, in contemplation invegst on a se- of a marriage directed by the said order-to be celebrated between curity not in strictness justi. the respondent John Richard Fitzgerald and Elizabeth Augusta fled by the in_ strument creatÂÂNicholles Fitzgerald, certain sums of money and stock belonging ing the trust, but which is to the said E. A. N. Fitzgerald, being one moiety of three several practically se- wcurhieo,hanndo from sums of 2337. I3s. 3d., 666. 3s. Id., and 11,000., 3 per cent. tfuondtheoocturrusst consols, were assigned to the respondent J. Fitzgerald and to R. T. Webber, upon trust, after the solemnisation of the then bthee yd e wc rile le d toot intended marriage, to pay certain costs in the first instance, and sub- pay the costs of a suit to -com- ject thereto to pay to the separate use of the respondent Elizabeth pel them to bring in the so - invest A. N. Fitzgerald, during the joint lives of herself and J. R. fund ed. Fitzgerald, an annuity of 70 a-year ; subject thereto, during their In this case the Court re- joint lives, to pay the residue of the produce of the fund to J. R. fused the trus- tees their costs, Fitzgerald until he should become insolvent •; after the decease of and directed Elizabeth A. N. Fitzgerald, to pay the entire produce of the fund the petitioners costs to be paid to J. R. Fitzgerald, if then living, until he should become insolvent ; out of the fund. and after the decease or insolvency of J. R. Fitzgerald, as to all Statement. the produce thereof, to the separate use of Elizabeth A. N. Fitzgerald, for life ; subject thereto, upon trust for the children of the marriage, as therein mentioned. The settlement contained a power for the trustees, with the assent of J. R. Fitzgerald and Elizabeth A. N. Fitzgerald, to invest the trust funds upon GovernÂÂment or any other sufficient real security. The marriage was duly solemnised, and there were several children thereof. R. T. Webber having died, the respondent Thomas Chantler was appointed trustee in his room. The petition in this matter was filed by the children of Mr. and 146 CHANCERY REPORTS. Mrs. Fitzgerald. It was thereby alleged that the trustees had made improper and unauthorised investments of the trust fund, and the scope of the prayer was that the trustees might be directed to account for and to bring in the trust fund. From the answering affidavits it appeared that Mr. Fitzgerald, having become much embarrassed in his circumstances, in the year 1844, prevailed upon Mrs. Fitzgerald, in consideration of 499 paid by Mr. Gibson, to grant to Mr. Gibson an annuity of 57. 7s. 6d., charged upon her separate annuity of 70, and redeemable on payment of 499. The whole of this money was received by Mr...