John Skelton, Petitioner;John L. Flanagan, Hamilton Skelton, Anne Ruckley, Wm. M'Fadden and Mary Alicia His Wife, Elizabeth Skelton, Esther M. Skelton, and Patrick Hynes and Harriett His Wife, Respondents

• Jurisdiction: Ireland
• Judgment Date: 03 February 1864
• Date: 03 February 1864
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

JOHN SKELTON,

Petitioner;

JOHN L. FLANAGAN, HAMILTON SKELTON, ANNE RUCKLEY, WM. M'FADDEN and MARY ALICIA his Wife, ELIZABETH SKELTON, ESTHER M. SKELTON, and PATRICK HYNES and HARRIETT his Wife,

Respondents.

Watts v. HideENR 2 Phil. 406.

Gossip v. Wright 32 Law Jour., Chan., 648; S. C., 9 Jur., N. S., 593.

Gibson v. Ingo 5 Har. 156.

Palmer v. WheelerUNK 2 B. & B. 18.

Crosbie v. ThompsonUNK 11 Ir. Eq. Rep. 404.

Smith v. Kay 7 H. of L. Cas. 750.

Macnamara v. BlakeUNK 11 Ir. Eq. Rep. 527.

Knox v. Gye 9 Jur., N. S., 1227; S. C., 9 L. T., S., 573.

Magdalen College v. SibthorpeENR 1 Russ. 154.

Hamilton v. HoughtonENR 2 Bli. 169.

Pritchard v. QuinchatENR 1 Amb. 147.

Filkin v. Hill 4 B. P. C. 640.

Urquhart v. Deey 2 Ir. Chan. Rep. 97.

Palk v. Clinton 12 Ves. 62.

Palk v. Clinton 12 Ves. 48.

484 CHANCERY REPORTS. 1864. Ch. Appeal. JOHN SKELTON, Petitioner; JOHN L. FLANAGAN, HAMILTON SKELTON, ANNE RUCKLEY, WM. WADDEN and MARY ALICIA his Wife, ELIZABETH SKELTON, ESTHER M. SKELTON, and PATRICK HYNES and HARRIETT his Wife, Respondents. Feb. 3. H., tenant for Tins case came before the Court under the following circumÂÂlife, with re mainder to his stances : children as he should ap- By settlement, dated the 30th October 1809, made between point, in de fault of ap- Hamilton Skelton of the first part, William Walker and Eliza point to themment equally, Walker of the second part, and Samuel Walker and Laurence appointed to Tallon, trustees, of the third part, the said Hamilton Skelton, in his eldest son, subject to consideration of his intended marriage with.the said Eliza Walker, certain charges for his adult and of her marriage portion, conveyed to the trustees, with other younger chil dren. hereditaments, the lands of Seatown, in the county of Louth, held The tenant for life and the under leases of lives renewable for ever, to the use of the said appointees • • d in exe- jome Hamilton Skelton for life ; and subject thereto, and to a jointure toting to the of a-year for the said Eliza Walker during her life, in case appellant a mortgage, to she should survive the said Hamilton Skelton, to the use of such secure a debt of the tenant of the children of the intended marriage, in such shares and pro-for life. The eldest portions, and for such estate and estates, and subject to such sum or son afterwards filed a petition, sums of money as provision for the other children the issue of the alleging the appointment said marriage, deed as the said Hamilton Skelton should by or will to have been appoint • and in default of appointment, to the use of such children made in pur- suance of an who should attain the age of twenty-one years, and their heirs, share agreement be tween the te- and share alike, as tenants in common. nant for life and the appel- The marriage took effect, and there was issue thereof seven child ; and that the mortgage ren_namely, John Skelton (the above-named petitioner), and Mary was a fraud on the power. The petition also contained charges of actual fraud by the appellant upon the ap pointees. The petition prayed that the mortgage might be set aside, as fraudulent, and as a fraud on the power. Held that, at the hearing, the petition might be amended, by praying that the deed of appointment might be set aside. CHANCERY REPORTS. 485 Alicia Skelton afterwards the wife of William M'Fadden, Elizabeth 1864. Skelton, Anne Skelton afterwards married to Frederick Ward Ch App-eal. Ruckley, since deceased, Esther Maria Skelton, Caroline Charlotte SKELTON v. Skelton deceased, and Harriett Victoria Skelton the wife of Patrick FLANAGAN. Hynes. Statement. Hamilton Skelton, having become very much embarrassed in his circumstances, became indebted to the appellant, and a receiver was appointed over property ; but, in 1853, the appellant at last consented to the discharge of the receiver, in consideration of apÂÂpellant's debt being secured as the first charge on the fee or quasi-fee of the said lands, on the terms contained in the following agreeÂÂment, of the 2nd March 1853 : " It is hereby mutually agreed, between Mr. Skelton and Mr. Flanagan, that all accounts arid securities shall be arranged in the following manner-namely, that Mr. Skelton, his wife, and all his children now of age, shall join in granting a mortgage on his proÂÂperty in Seatown, Dundalk, county of Louth, for the sum of 850, and that same shall be liquidated in part by the payment of 300, out of money due to him by the Newry, Warrenpoint, and RosÂÂtrevor Railway Company, within six months from the date of said mortgage, or as soon as it can be got in ; the sum of 300 more within twelve months ; and tht remainder within eighteen months from the date of said intended mortgage, until same shall be finally paid off; and it is agreed that this settlement includes all interest and costs of every kind now due up to this date, from which period the interest on said intended mortgage commences in the new ; a draft of the mortgage to be sent to Mr. Flanagan for his approval ; and Mr. Flanagan consents that the receiver in Collins and others petitioners, and Skelton respondent,' shall be removed, and Mr. Skelton put into possession of the rents of said properties, now paying into Court, on execution of said mortgage, at Mr. Skelton's own expense ; this arrangement to be considered a settlement of all demands, to the date of said mortgage, on both sides. " HAMILTON SKELTON. " J. L. FLA.NAGAN. " Present, LAIINCELOT COITLTER." 486 CHANCERY REPORTS. 1864. Hamilton Skelton, by deed, bearing date the 13th May 1854, in Ch. Appeal. pursuance of the power conferred on him by the settlement of 1809, SKELTON appointed to the petitioner in fee the said lands of Seatown, subject v. FLANAGAN. to the life estate therein of the said Hamilton Skelton, and to the jointure of 165 a-year, provided by the said settlement for Eliza Statement. Skelton wife of the said Hamilton Skelton ; and subject also to, and charged with, the several sums following, for the other children of the said...