John Howard Jessop, Sally Fetherston and Octavia Gregory, Petitioners

• Jurisdiction: Ireland
• Judgment Date: 06 December 1859
• Date: 06 December 1859
• Court: High Court of Chancery (Ireland)

Chancery.

JOHN HOWARD JESSOP, SALLY FETHERSTON AND OCTAVIA GREGORY,

Petitioners.

Shipardson v. TowerENR 1 Y. & C., C. C., 459.

Randfield v. RandfieldENRENR 4 Drew. 147; S. C., on appeal, 2 De G. & J. 57.

Morrall v. SuttonENR 1 Phil. 533.

Windus v. WindusENR 21 BEav. 373.

Hardwicke v. DouglasUNK 7 C. & F. 795.

Ulrich v. LichfieldENR 2 Atk. 373.

Sgerratt v. Bentley 2 M. & K. 149.

Knaresborough v. FitzpatrickUNK 13 Ir. Eq. Rep. 338.

Mitford v. Wicken 2 ken., pt. 2, 61.

Acheson v. Fair 3 Dru. & W. 123.

Maddison v. ChapmanENR 4 K. & J. 709; S. C., on appeal, 5 Jur., N. S., 277.

Browne's TrustsENR 1 K. & J. 529.

Cooper v. Cooper Ibid, 665.

Langham v. Sanford 19 Ves. 640.

Briggs v. Penny 7 De G. & M. 525.

Spooner's TrustsENR 2 Sim., N. S., 129.

Blackford v. Long 7 Ir. Chan. Rep. 87.

Spooner's Trusts 2 Sim, N. S., 132.

Easum v. Appleford 5 M. & c. 61.

Ulrich v. LichfeldENR 2 Atk. 372.

Sherratt v. Bentley 2 M. & K. 162.

Windus v. WindusENR 21 Beav. 373.

Langley v. Thomas 6 D., M. & Gor. 45.

Day v. DavorenENR 12 Sim. 200.

Mitford v. Wicker 2 Ken. pt. 2, 61.

Hardwicke v. DouglasENR7 Cl. & Fin. 795.

424 CHANCERY REPORTS. 1859. Chancery. JOHN HOWARD JESSOP, SALLY FETITERSTON and OCTAVIA GREGORY, Petitioners. ' (In Chancery.) Dec. 6. Tins case came before the Court on a cause petition, by way of special case, presented under the 11th section of the Court of Chancery (Ireland) Regulation Act 1850, under the following cirÂcumstances :- Maria Fetherston made her will on the 14th of February 1851, which, so far as material, was in the terms following :-" I give and bequeath to my brother Sir George Fetherston the £500, late currency, left to me by my father, on his estate ; I also leave him the sum of £20. I leave and bequeath to my two nieces, Georgina and Caroline Fetherston, the sum of £1000 each, out of the funds, provided they are unmarried at my death ; but should they be married, instead of 11000 each I only bequeath them £200 each. I leave and bequeath to my godson John Fetherston, and his heirs and assigns, my estate and interest in my three houses in Rathowen, for ever ; I also leave him the sum of £50, and my large gold watch, left to me by my brother John Fetherston. I leave and bequeath to my two sisters, Catherine Jessop and Isabella Godley, the sum of £30." The will then gave a great number of small pecuniary legacies, which did not include any gift to Sally Fetherston, and then proceeded as follows :-" To my sister Isabella Godley I leave a further sum of £50, that she may dispose of as she thinks proper. The remainder of my property I leave to my sister Sally Fetherston. I give and bequeath my share of 9 Upper Fitzwilliam-street, together with my proportion of furniture, wine, &c., to my two sisters, Sally Fetherston and Octavia Gregory, their executors, administrators and assigns, as tenants in common, in equal shares. I leave my niece, Caroline Fetherston, my small gold CHANCERY REPORTS. 425 watch, chain and seals. I leave Georgina my -thick gold chain and the brooch the Dean of Kildare gave me ; I further leave Georgina £10 to buy some ornament in remembrance of one who loved her -dearly, To my two nieces, Kitty and Elizabeth Jessop, I leave my plate I may have purchased myself. I appoint my two sisters, Sally Fetherston and Octavia Gregory, my executrixes and resiÂduary legatees of this my last will and testament ; should they require assistance, I appoint my nephew John Jessop as executor, with a further sum of £50." Miss Fetherston died on the 27th of February 1851, and her will was proved by Mr. Jessop. Several of the legatees named in the will having died in the lifetime of the testatrix, their legacies, amounting to about £630, lapsed, and the testatrix died possessed of property considerably more than was required for the payment of her debts and legacies. The petition in this matter was filed to obtain the opinion of the Court, whether Sally Fetherston was alone entitled to that part of the residuary estate of the testatrix which was not composed of, and did not include, lapsed legacies, or whether Sally...