Jennings v Jennings

• Jurisdiction: Ireland
• Judgment Date: 28 April 1877
• Date: 28 April 1877
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

JENNINGS

and

JENNINGS

Ricketts v. TurquandENR 1 H. L. C. 473.

Castle v. Fox.ELR L. R. 11 Eq. 542.

Hardwick v. HardwickELR L. R. 16 Eq. 168-175.

Watson v. Arundel Ir. Rep. 11 Eq. 53, 69.

Whitfield v. Langdale 1 Ch. Div. 61.

Webber v. StanleyENR 16 C. B. (N. S) 752.

Pedley v. DoddsELR L. R. 2 Eq. 819.

Millard v. BaileyELR L. R. 1 Eq. 378.

Oxenden v. ChichesterENR 4 Dow, 65.

Miller v. TraversENR 8 Bing. 244.

Bernasconi v. AtkinsonENR 10 Hare, 345.

Charter v. CharterELR L. R. 7 H. L. 364.

Okenden v. ClifdenENR 2 Russ. 309.

Harrison v. HydeENR 4 H. & N. 805.

Stanley v. StanleyENR 2 J. & H. 491.

Smith v. RidgwayELR L. R. 1 Ex. 331.

Strevens v. Bayley 8 Ir. C. L. Rep. 410.

Webber v. StanleyENR 16 C. B. (N. S) 698.

Ricketts v. TurquandENR 1 H. L. C. 472.

West v. LawdayENR 11 H. L. C. 385.

Keogh v. Keogh Ir. R. 8 Eq. 179, see pp. 196, et seq.

Will — Devise — Admissibility of parol evidence to explain the description of lands contained therein — Cases on the subject reciewed and distinguished.

552 LAW REPORTS (IRELAND). IL. It. M. R. JENNINGS v. JENNINGS. 1877. Will-Devise-Admissibility of parol evidence to explain the description of April 26, 27, lands contained therein-Cases on the subject reviewed and distinguished. 28. A testator, seised of the lands of " Bishop's Mills," " Poolherdyke," and. " Bishop's Island," all lying together, and held under three several perpetuity grants from the Ecclesiastical Commissioners, subject to separate rents, by his will, after reciting that he was about purchasing the fee of Bishop's Mill Lands, directed the trustees of his will to purchase it, and devised " the fee of the said lands of Bishop's Mill Lands, as soon as it shall be purchased as aforesaid," upon certain trusts, and devised the residue of his property, real and personal, to his brothers. After the date of his will, he took from the Church Commissioners separate grants of the rents which were described as issuing out of the said three several denominations. Held, that parol evidence of acts and conduct of the testator as to the lands was admissible to show what he considered as the Bishop's Mill Lands. The evidence being satisfactory to show that he constantly applied the term " Bishop's Mill Lands," not merely to that denomination, but to PoolÂherdyke and Bishop's island, and that he, in his lifetime, dealt with the three parcels as " the Bishop's Mill Lands," Held that the said three denominations passed under the devise relating to the Bishop's Mill Lands, although the deÂscriptions in the title-deeds under which they were held would prima facie-import that they were distinct denominations. THOMAS JENNINGS, Robert Jennings, and Francis Montgomery Jennings, as partners in trade, were seised under perpetuity grants from the Ecclesiastical Commissioners of three parcels of lands near the city of Cork-Bishop's Mill Lands subject to the perpetual rent of £17 14s. 3d. ; Poolherdyke subject to a perÂpetual rent of £10 108. 6d., and Bishop's Great Meadow and Bishop's Island subject to the perpetual rent of £21 13s. 7d. Thomas Jennings made his will on the 2nd of October, 1873,. by which, after reciting that he was about purchasing the fee of the lands of Bishop's Mill Lands, in which he was then jointly with his brothers seised of an estate in perpetuity, the property of the firm, he directed the trustees of the will, out of certain funds bequeathed to them, with as little delay as possible to purchase the fee of Bishop's Mill Lands ; and he devised, " the fee of said lands of Bishop's Mill Lands, as soon as it shall be purchased. as afore VOL. I.] CHANCERY DIVISION. said," to Robert Jennings and his heirs; and he devised and bequeathed all the rest, residue and remainder of his property, cal, freehold and personal, to his two brothers Robert and Francis Montgomery absolutely, share and share alike. At the date of the will, the testator was in negotiation with the Church Commissioners for the purchase of the three perpetual head rents issuing out of the said three denominations respectively : and they were conveyed to him by the Commissioners by three separate deeds, dated the 18th of December, 1873, in which the three denominations were described by abuttals. Thomas Jennings died on the 6th of April, 1874. Robert Jennings died on the 13th of July, 1875, having made his will, by which he appointed the Plaintiff Katherine Jennings his exeÂcutrix. The bill was for the administration of the assets of Thomas Jennings, and to carry the trusts of his will into execution. At the hearing, it was contended on behalf of the Plaintiff, that in fact the lands of Poolherdyke, and Bishop's Meadow and Island were subdenominations of Bishop's Mill Lands ; that all the three denominations were commonly known as such ; and evidence was tendered of acts of the testator in his lifetime which proved that he had dealt with and designated all three as the Bishop's Mill Lands. The material parts of the testator's will, and of the conveyÂance of the 18th of December, 1873, and the other evidence produced for for the Plaintiff, are fully stated in His Honor's judgÂment. Mr. H. FitzGibbon, Q. C., and Mr. Gibbon, for the Plaintiffs:- Parol evidence of acts and dealings by the testator is admissible to show what in his contemplation passed under the devise of the fee of the Bishop's Mill Lands. The will itself shows that what he regarded as the Bishop's Mill Lands was what he was, at the date of the will, in treaty to purchase from the Church Commissioners, i. e., the head-rents of the three denominations of Bishop's Mill, PoolÂherdyke and the Bishop's Meadow and Island, which were afterÂwards conveyed to him by the deeds of the 18th of December, 1873 ; and the evidence demonstrates, not only that they were so 554 LAW REPORTS (IRELAND). [L. R. I. R. regarded by the testator himself, but that the three denominations 1877. were commonly known by public repute as, and were rated under, "NNINGS the common designation of, the Bishop's Mill Lands : Ricketts v. jENNINGs. Turquand (1) ; Castle v. Fox (2) ; Hardwick v. Hardwick (3) ; Wat son v. Arundel (4) ; Whitfield v . Langdale (5). The Solicitor-General (Mr. Gerald Fitz Gibbon, Q. C.,) Mr. Jellett, Q. C., and Mr. Ronan, for the Defendant F. M. Jennings : The devise is of a specific denomination of land held under a distinct title from the two denominations of...