Howard's Trusts

• Jurisdiction: Ireland
• Judgment Date: 19 April 1858
• Date: 19 April 1858
• Court: Rolls Court (Ireland)

Rolls.

HOWARD'S TRUSTS.

Kimberley v. Tew 4 Dr. & War. 139.

Swallow v. BinnsENR 1 K. & J. 437.

Smith v. Vaughan 2 Eq. Cas. Abr., 543, pl. 16.

Spencer v. Bullock 2 Ves. jun. 687.

Barber v. Barber 3 M. & Cr. 697.

Waldron v. BoulterENR 22 Beav. 284.

South v. Searle 2 Jur., N. S., 390.

Woodcock v. The Duke of Dorset 3 Br. C. C. 569.

Hope v. Lord Clifden 6 Ves. 508.

Heron v. Stokes 2 Dr. & War. 89.

Orme's TrustsUNK 1 Ir. Ch. Rep. 182.

Leake v. RobinsonENR 2 Mer. 384.

Howgrave v. Carter 3 Ves. & Be. 79.

Woodcock v. RennickENR 1 Phil. 72.

Leigh v. Norbury 13 Ves. 340.

Freeman v. Parsly 3 Ves. 421.

Reilly v. FitzgeraldUNK 6 Ir. Eq. Rep. 335.

Hockley v. Mawbey 1 Ves. jun. 150.

Leigh v. Norbury 13 Ves. 340.

Waldron v. BoulterENR 22 Beav. 284.

Kimberley v. Tew 4 Dr. & War. 150.

Vanderzee v. Aclom 4 Ves. 787.

Heron v. Stokes Dr. & War. 99, 115.

Leake v. RobinsonENR 2 Mer. 363.

Bartholomew's Trusts 1 M'N. & Gor. 359.

Brown v. Higgs 4 Ves. 708; 5 Ves. 595; 8 Ves. 561.

Vanderzee v. Aclom 4 Ves. 770.

Fenwick v. GreenwellENR 10 Beav. 471.

Patteson v. PattesonENR 19 Beav. 638.

Packham v. GregoryENR 4 Hare, 397, 398.

Emperor v. RolfeENR 1 Ves. sen. 208.

344 CHANCERY REPORTS. 1858. Rolls. Tan. 29. April 19. A fund was, by a marriage settlement, vested in trusÂtees in trust, in the first place, to pay the interest to the husband for life, and after his death to the wife, in case she should survive him, for life, and after the death of both, to assign, transfer and set over" the said sum to and amongst the issue of the said intended marriage, in such shares, and at such times, as the husband should by will or deed administrator of the deceased children. appoint ; and in default of appointment, to " assign, transfer and set over" said sum to and amongst the issue of the marriage, share and share alike ; but if there should be no issue of the marriage living at the time of the decease of the survivor of the husband and wife, then to " assign, transfer and set over " the said sum to the husband, his executors, &c. There were four children of the marriage. Three died in the husband's lifetime, unmarried and without issue, one of them having attained twenty-one, and the others under age. The husband, who survived the wife, while two of the children were alive, appointed, by deed, a part of the fund to a son, who alone survived him, and directed that the remainder should go and be held in all respects as the entire fund would have gone, if no appointment had been made thereof. Held, first-That the word " issue " was not confined to children, but meant all descendants. Secondly-That the issue took vested interests in equal shares on their births, subject to the amount of the shares being varied by the husband's appointment, and subject to his right to appoint in favour of surviving issue, to the exclusion of the representatives of the issue who had died previous to the appointment ; and, therefore, that the unappointed part of the fund was divisible equally among a son who survived the father, and the representatives of three children who died in the lifetime of the father, whether they had attained twenty-one or not. CHANCERY REPORTS. 345 The following authorities were cited : Kimberley v. Tew (a); Swallow v. Binns (b); 8 Vin. Abr., p. 381, pl. 3, 30, 31 ; Smith v. Vaughan (c); Spencer v. Bullock (d); Barber v. Barber (e); Waldron v. Boulter (f); South v. Searle (g); Woodcock v. The Duke of Dorset (h); Hope v. Lord Clifden (i); Heron v. Stokes (k); Orme's Trusts (1); Leake v. Robinson (m); Howgrave v. Carter (n); Woodcock v. Rennick (o); Leigh v. Norbury (p); Freeman v. Parsly (q); Reilly v. Fitzgerald (r); 1 Sug. on Powers, 5th ed., p. 530. 1858. Rolls. HOWARD'S TRUSTS. Argument. The MASTER OF THE ROLLS. April 19. Two petitions have been presented for the distribution of the Judgment. sum of £3332. 19s., new £3 per cent. stock, standing to the credit of this matter. That sum in Government stock represents the sum of £3107. ls. 6d. in the title of the matter, which has been invested under the provisions of the Trustee Relief Act, together with the dividends on the original instrument. The said sum of £3107. ls. 6d., present currency, equal to £3366, late currency, forms part of a sum of £7500, late currency, settled by the marriage settlement of the 19th of June 1824 ; and the question which arises is the construction to be put on the part of the settlement which relates to said sum of £7500. The settlement bears date the 19th of June 1824, and was made by and between the Hon. and Rev. Francis Howard, of the first part, Frances Beresford, youngest daughter of the then Lord Bishop of Kilmore, of the second part, the said Lord Bishop of Kilmore, of the third part, and two trustees, of the fourth part ; and, after reciting, amongst other matters, the then intended marriage (a) 4 Dr. & War. 139. (e) 2 Eq. Cas. Abr., 543, pl. 16. (t) 3 M. & Cr. 697. (g) 2 Jur., N. S., 390. (i) 6 Yes. 508. (1) 1 Ir. Ch. Rep. 182. (n) 3 Yes. & Be. 79. (p) 13 Yes. 340. (b) 1 K. & J. 437. (d) 2 Ves. jun. 687. (f) 22 Beay. 284. (h) 3 Br. C. C. 569. (k) 2 Dr. & War. 89. (m) 2 Mer. 384. (o) 1 Phil. 72. (q) 3 Ves. 421. (r) 6 Ir. Eq. Rep. 335. VOL. 7. 44 346 CHANCERY REPORTS. 1858. between the Hon. and Rev. Francis Howard and Miss Frances Rolls. Beresford, and that the said Francis Howard was entitled to a IOWARD'S charge of £7500, late currency, which was a lien on his brother the TRUSTS. Earl of Wicklow's estates in Ireland, and that said sum of £7500 Judgment. was to be vested in the trustees for the following uses, in the first place, to pay the interest of said sum of £7500 to the said. Francis Howard, for and during the term of his natural life...