Harriett Newcomen and George Arnold Newcomen, Minors

• Jurisdiction: Ireland
• Judgment Date: 17 January 1865
• Date: 17 January 1865
• Court: Rolls Court (Ireland)

In the Matter of HARRIETT NEWCOMEN and GEORGE ARNOLD NEWCOMEN, Minors.

Rolls.

Hill v. BattyENR 2 J. & H. 634.

Bowden v. LaingENR 14 Sim. 113.

Towers v. Wentworth 12 Moore, P. C. C. 543.

Camden v. BensonENR 8 Beav. 350.

Bowden v Laing Ubi supra.

CHANCERY REPORTS. 315 have been raised by exceptions to the report, as I do not see how expense was saved by not having each question distinctly raised. I shall declare that, according to the true construction of the will of James Cantillon Heffernan, dated the 17th of January 1792, the share of the sum of £1700 bequeathed thereby to Mary Cantillon, she having died in the year 1832, having then attained her age of twenty-one years, but never having been married, did not go to John Cantillon Heffernan under the bequest over to him in said will. After such declaration the order will be made according to the motion. In, the Matter of HARRIETT NEWCOMEN and GEORGE ARNOLD NEWCOMEN, Minors. 1864. Dec. 10. 1865. Jan. 17. A testator be queathed an annuity of £100 a-year to his daughter A, and to four other daughÂters annuities of £50 each, which were not to be paid to them unless they got married, or their mother had some particular reason for making them such payments, until after their mother's decease; when, if his daughter A. was unmarried, he left her, after her mother's death, an annuity of £500, in addition to the £100 per annum before bequeathed; and, if A. married, she was not to have more than £100 per annum, which she might leave as she pleased ; and the £500 a-year was to merge on the real estate on which the annuities were charged ; and, if his other daughters were unmarried at their mother's decease, and his daughter A. was mar ried or not living, each was to have £100 a-year, in addition to the £50 per annum, as a maintenance for them ; but, whilst A. received the annuity of £500, they were to have no more than an annuity of £50 each, as they would reside with her; and, should any of the daughters marry without their mother's consent, or their brother's after her decease, any so doing should have but an annuity of £50 per annum during her life, payable to her own receipt. The testator's wife died before him. At his death, A., and another daughter, E., were unmarried. Held, that, after the determination of the annuity of £500 by the marriage of A., E. was entitled to the annuity of £100, and that it did not determine on her marriage with the consent of her brother. 1864. Rolls. In re...