Johnston v Lloyd

• Jurisdiction: Ireland
• Judgment Date: 11 June 1844
• Date: 11 June 1844
• Court: Court of Chancery (Ireland)

Chancery.

JOHNSTON

and

LLOYD.

252 CASES IN EQUITY. 1844. Chancery. BATEMAN. v. LORD RODEN. of it." The omission leads to mistakes ; it is useful to correct it.-_I shall give no costs. * The passage in the report is as follows : " Where an estate is given subject to a " mortgage, it is truly said that does throw the burthen upon the devisee; but that is "from the construction the Court puts upon these words ; that the testator means noÂÂ" thing more than the law provides; that the mortgage shall continue a burthen upon " the real estate. Then the testator according to that construction has not said the "devisee shall not have the estate after the mortgage paid out of it." JOHNSTON v. LLOYD. BY a marriage settlement of the 21st of March 1835, two sums of 2000 and 400, secured by judgments, and 12,000 guilders in the Dutch funds, were vested in the defendants, as trustees upon certain trusts, with a power to them to call in the money and lay it out in the "public stocks or funds in Great Britain, or on any mortgage of freehold or leasehold estates, or any Other real securities in England, Wales or Ireland." A bill having been filed for the purpose (among others) of making the trustees personally liable for a misapplication of the trust funds, part of which had been lent...