Heron v Stokes

• Jurisdiction: Ireland
• Judgment Date: 02 February 1840
• Date: 02 February 1840
• Court: Court of Chancery (Ireland)

Chancery.

HERON

and

STOKES.

Wild's caseUNK 6 Rep. 16, a.

Buffa v. BradfordENR 2 Atk. 220.

Savory v. DyerENR 1 Amb. 10.

Knocker v. BunburyENR 6 Bing. N. C. 306.

Bowyer v. Blair 2 Jebb & Symes, 39; S. C. 2 Ir. Law Rep. 149.

Barnes v. Patch 8 Ves. 604.

Davenport v. Hanbury 3 Ves. 257.

Freeman v. Parsloe 3 Ves. 421.

Lawrence v. MaggsENR 1 Eden, 453.

Doe v. MartinENR 4 T. R. 39.

Hack v. TuckENR 3 Lev. 270.

Catteris v. YoungUNK 6 Mad. 31.

Teynham v. WebbENR 2 Ves. sen. 209.

Powell on Devizes p. 236.

Roper on Legacies p. 139.

Vanderzee v. Aclom 4 Ves. 771.

Errard v. BrookeENR 2 Cox. 213.

Campbell v. Sandys 1 Sch. & Lef. 281.

Crowder v. Clowes Ante.

Blackler v. Webb Ante.

Butler v. Stratton Ante.

CASES IN EQUITY. 163 Fitzgerald is applicable to the present case ; that authority applies only to a case where the original jurisdiction of the Court is sought to be exÂÂercised, and does not govern such a case as this, where there is a jurisdiction created by statute. Here, however, is a summary jurisdicÂÂtion, which the Court is called on to exercise ; and the parties sought to be affected by it have a right to say that they are not to be troubled with an investigation which cannot be rendered conclusive. The party making the application is seized for his life only, with a power of appointment to his children, who are minors ; and there is no one before the Court to represent those minors, or sustain their rights. A solicitor appears for them, but no counsel is instructed to appear, nor is there any way of ascertaining their rights in such a proceeding as the present. Before a commission could be issued, I would require a bill to be filed for the purpose of making the minors parties. I must, therefore, dismiss this petition. 1840. Chancery. In re O'BRIEN. •-n-.111110n••••.• HERON v. STOKES. Jan. 25. and Feb. 2. Tun decree in this cause, which was pronounced on the 25th of A gift of per- sona January 1837, referred it to the Master to take an account of the t loannuities A, and B. personal estate and effects of William Heron the elder, the testator in "for them- " selves and the pleadings named, and of his debts and legaiies, and funeral and " their chil- testamentary expenses. Under this decree, the Master made his report dren," they not having any at on the 24th December 1840, by which he found that the testator the date of the will or de William Heron made his will bearing date the 8th of June 1815, the testatath orof, with three codicils annexed thereto, but not duly executed, so as to gives them the absolute inte- pass real estate, in the words following, that is to say, ",My will is, what- Under a be- rest. " ever I die possessed of, or in any way entitled to, together with what- quest, " to be " ever property my wife may be in any way entitled to, shall produce to "equally di- " vided " my wife an annuity of 100 ; to each of my daughters 100 be- " tween my "per annum, for themselves and their children ; to my wife's mother, in "sister and her " d au ghters, " addition to any property she may possess, so as to make up to her , and my sis_ " ter-in-law " an annuity during her life of 100 per annum : said annuities, after and herd hil- " dren," the " the decease of my wife and her mother, to be equally divided among " my three children, William, Mary, and Julia Louisa ; but my will is, property is to be distributed " that my wife and her mother shall enjoy their annuities as above for per stirpes and not p er capit. " their lives, and the life of the survivor of them, so that the survivor By a mar- riage settle ment, freeholds and chattels real were settled upon the husband for life, with power to appoint by will among the children of the marriage, and in default of appointment the property was to be divided equally among the children ; Held, that the shares of the chilÂÂdren did not vest until the death of the husband. 164 CASES IN EQUITY. " shall possess an annuity of 200, to be, after the decease of both, " equally divided between my three children ; all the rest and residue " of my property I give and bequeath to my son William; whatever " ready money or furniture I may die possessed of, I give and bequeath " to my wife, to be by her managed for the joint benefit of my three " children, herself, and her mother : and to my wife Mary and my " brother Augustus, I leave the execution of this my will." First Codicil.-" It having pleased Almighty God to take away my " daughter Mary, it becomes necessary to alter the disposition of my " property after my decease, so far as relates to her ; I, therefore, now...