Hamilton v Hamilton

• Jurisdiction: Ireland
• Judgment Date: 10 June 1858
• Date: 10 June 1858
• Court: High Court of Chancery (Ireland)

Chancery.

HAMILTON

and

HAMILTON.

Philippo v. Munnings 2 M. & Cr. 309.

Dimsdale v. DudingENR 1 Y. & C., C. C. 205.

Davis v. MorierENR 2 coll. 303.

Cholmondely v. ClintonENR 2 Mer. 362.

Wedderburn v. Wedderburn 4 m. & C. 41.

Ryder v. Bickerton 3 Swanst. 81, n.

Raby v. Ridehalgh 7 De G., M'N. & G. 104.

Stafford v. Stafford 1 De G. & Jo. 193.

Raby v. Ridehalgh 7 De G., M'N. & Gor. 104.

516 CHANCERY REPORTS. of the fortune of the said minor, and approve of and appoint a fit and proper person, or fit and proper persons; to be guardian or guardians of his person and fortune ; and let the said Master report the age of the said minor, and state in what manner it is proposed that he should be maintained and educated, and with whom he should reside ; and let the Master inquire and report what annual sum will be proper to be allowed for his maintenance, clothing and education ; from what time such allowance should commence, and what are the funds properly appliÂcable thereto ; and let the Master inquire an& report whether it will be necessary that any other and what proceedings should be taken touching the said minor's property, and to have the same secured for his benefit; and let the nearest relatives of the said minor have due notice of the proceedings under this order. Reg. Lib. 23, f. 97. HAMILTON v. HAMILTON. June 10. by will, executed in Bath, in 1818, gave £1000, in trust, to be placed out at interest of £5 or £6 per cent., and the inÂterest paid to M. for life, with remainÂder to M.'s daughters. In 1823, P.'s ex MARGERY PAUNIER, by her will, dated the 1st of June 1818, and executed at Bath, bequeathed to her executors " the sum of £1000 sterling, in trust, to be by them lent or placed out at interest, producing an interest of £5 or £6 per cent., to be paid annually, without risk, hazard or loss to them ; provided that, at the time of lending or placing out the same, they should, by writing under their hands, declare the use and purposes for which the same should be so lent and placed out at interest ; " and said testatrix directed ecutors invested £1000 Irish in Government stock, to meet the above legacy. M. received the dividends on the stock, without complaint, up to 1854.-Held that, admitting the devise to be of £1000 British, the personal representative of M. had no right to charge the representatives of P.'s executors with the difference between the dividends paid and the dividends on £1000 British, invested in stock or invested at £5 or £6 per cent. CHANCERY REPORTS. 517 that "the interest arising from said sum of £1000 sterling should be paid unto Mary Hamilton, wife of James Hamilton of Eden, in the county of Donegal, during her natural life ; and in case her then husband should survive her, that the said interest should then be paid to him during his natural life ; and that, on the death of the survivor of them, the said sum of £1000 sterling should be paid and divided between their two daughters Margery and Mary Hamilton." The will contained other bequests ; amongst others, one to James Hamilton, one of her executors, and to John Hamilton, father of the respondent; and she appointed the said James...