Harding v Grady

• Jurisdiction: Ireland
• Judgment Date: 13 December 1841
• Date: 13 December 1841
• Court: Court of Chancery (Ireland)

Chancery.

HARDING

and

GRADY.

Trott v. Vernon 2 Ver. 708.

Stanger v. Tryon 2 Ver. 7019, note.

Kay v/ Townsend 2 Ver. 709, note.

Bradford v. FoleyUNK 3 B. C. C. 352.

Shallcross v. Finden 3 Ves. 738.

Clifford v. LewisUNK 6 Mad. 33.

Taylor v. TaylorENR 6 Sim. 246.

Graves v. GravesENR 8 Sim. 43.

Mirehouse v. ScaifeENR 2 My. & Cr. 707.

Godolphin v. PenneckENR 2 Ves. sen. 272.

Noel v. Weston 2 Ves. & Be. 273.

Foley's case Freeman, 49.

Keightley v. Keightley 2 Ves. jun. 328.

Williams v. Chitty 3 Ves. 545.

Powell v. Robins 7 Ves. 209.

Clifford v. LewisUNK 6 Mad. 31.

CASES IN EQUITY. 371 HARDING v. GRADY. (Chancery.) THE only question in this case was whether the real estate of Henry Grove Grady was charged with his simple contract debts by his will, which was dated the 1st of July 1822, and duly executed and attested for passing freeholds, and was in these words :-" I, Henry Grove Grady, " do make this my last will and testament, hereby revoking all former wills. " I direct, according to the power in my marriage settlement, that the lands "of Raheen and Keeloges shall go to my eldest son Thomas, pursuant to the "limitations in my said settlement, and to his heirs and assigns. I devise " to my second son Henry, and his heirs and assigns, 150 a.year to be "issuing and payable out of the lands of Graffin and Clehile purchased " by me ; and I leave and bequeath the residue of said lands to my eldest "son Thomas, his heirs and assigns, subject to the payment of 4000 to "be equally divided amongst all my other children, in addition to the "2000 already charged for them on my settled lands of Raheen and " Keeloges ; and as my dear and faithful wife has already an ample " jointure settled on her, I leave her a legacy of 100 chargeable on " Graffin and Clehile, as a token of my regard, esteem and affection; and " I desire that all my just debts be paid as soon as convenient after my "decease." The testator died in February 1833, and there being no executor appointed by his will, and no disposition of the personal estate contained in it, administration, with the will annexed, was granted in April 1837, to Standish Grove Grady, one of his sons. The plaintiff's bill, which was filed on the 7th of February 1839, sought to recover out of the assets of the testator a sum of 900 stock, which had been the subject of a settlement, and which had vested in the testator Grady, as executor of a person named Carter, and been sold out by him in breach of trust ; and it prayed for a declaration that the real estate of Grady was liable to it under the charge in his will. The breach of trust was proved, and the only question was, the effect of Grady's will in charging his real estate with his debts. The cause came on originally before Lord Plunket in Trinity Term 1841, when his Lordship decided that the real estate of the testator Grady was charged with his debts, except the 150 a.year given to the testator's son Henry, which he considered to be exempt. A petition of appeal against...