Kellett v Kellett

• Jurisdiction: Ireland
• Judgment Date: 10 May 1871
• Date: 10 May 1871
• Court: Chancery Division (Ireland)

V. C. Court.

KELLETT

and

KELLETT

Varley v. WinnENR 2 K. & J. 700.

Humberstone v. StantonENR 1 V. & B. 385.

Greene's Estate 1 Dr. & S. 68.

Habergham v. RidehalghELR L. R. 9 Eq. 395.

Cox v. Dolman 2 De G. M'N. & G. 592.

Young v. Lord WaterparkENR 13 Sim. 204.

Assignees of Bermingham I. R. 4 Eq. 187.

Hunt v. BatemanIR 10 Ir. Eq. 360.

Blower v. Blower 5 Eng. Jur. N. S. 33.

Commissioners of Charitable Bequests v. WybrantsENR 2 Jo. & Lat. 182.

Lassence v. Tierney 1 M'N. & G. 551.

Spong v. Spong 3 Bligh. N. S. 34.

Conron v. ConronENR 7 H. L. C. 168.

Doe v. HicksENR 1 Cl. & Fin. 20.

Greville v. BrowneENR 7 H. L. C. 689.

Randfield v. RandfieldENR 8 H. L. C. 225.

Home v. PillansENR 2 My. & K. 15.

Campbell v. Brownrigg 1 Philips, 301.

Howard v. CollinsELR L. R. 5 Eq. 349.

Wordsworth v. WoodENR 1 H. L. C. 129.

Wollaston's SettlementENR 27 Beav. 642.

Archer v. JegonENR 8 Sim. 448.

Edgington's TrustsENR 3 Drew. 202.

Baldwin v. BaldwinENR 22 Beav. 413.

In Re Jessop's EstateUNK 11 Ir. Ch. 424.

Keates v. Burton 14 Ves. 434.

Calthorpe v. GoughUNK 3 B. C. C. 395.

Doe v. Brabant Ibid. 393.

Tarbuck v. Tarbuck 4 L. J. N. S. Ch. 129.

Bunbury v. Bunbury 13 Jur. O. S. 1091.

Archbold v. ScullyENR 9 H. L. C. 361.

Young v. Lord WaterparkENR 13 Sim. 202.

Gyles v. GylesUNK 9 Ir. Ch. 135.

Dormer v. FortescueENR 3 Atk. 130.

Schroder v. SchroderENR Kay, 591.

Wason v. WareingENR 15 Beav. 151.

Barrington v. O'Brien 1 B. & Beat. 180.

Peyton v. M'Dermott 1 Dr. & Walsh, 230.

Sealy v. Stawell I. R. 3 Eq. 142.

Dickenson v. TeasdaleENR 31 Beav. 511.

Byrne v. RobinsonIR 1 Ir. Eq. 333.

Dillon v. CruiseIR 3 Ir. Eq. 70.

Gough v. BultENR 16 Sim. 323.

Edwards v. MorganENR M'Clel. 554.

M'Donnell v. WhiteENR 11 H. L. C. 570.

Pattison v. HawkesworthENR 10 Beav. 375.

Harcourt v. WhiteENR 28 Beav. 303.

Legacy — Lapse — Gift Over — Interest.

298 THE IRISH REPORTS. [I. R. V. C. Court. expenses ;" and he bequeathed. his residuary personal estate, sub 1871. ject only to the payment of such of his debts as the produce of M'Cimoncx the sale should be insufficient to pay. v. PATTEN. Solicitors for the Plaintiff: Messrs. Johns, Hewitt, and Johns. Solicitor for the Defendants, William and Richard Patten : Mr. George Alley. Solicitor for the Attorney-General : Mr. Thomas Lynch. KELLETT v. KELLETT. Legacy-Lapse-Gift Over-Interest. April 21, 28. May 2, 10. A legacy to the testator's daughter, with a gift over, in the event of her dying unmarried, to such of the testator's other children as she should appoint, and, in default of appointment, to and amongst his other children equally, is not an absolute gift, and does not lapse by the death of the daughter unmarÂÂÂried in the lifetime of the testator; and, consequently, the power of appointÂÂÂment not having been exercised, one of the testator's other children was held to be entitled to a distributive share of his sister's legacy ; with interest, in the absence of lathes on his part, from the death of the testator in 1847, according to the express trust in the will. MOTION FOR A DECREE. The bill was filed on the 20th of October, 1870, by Robert Kellett, for a distributive share of the sum of £1000, bequeathed to his sister, Frances Kellett, by their father, Robert Kellett, the elder ; and the question for decision was, whether or not, under the terms of the bequest, this legacy was absolute, so as to lapse on the death of Frances in the lifetime of her father ; and, if not, to what amount of interest the Plaintiff was entitled on such distributive share. The testator made his will on the 26th of April, 1841, and thereby devised certain lands, of which he was seised in fee, upon trust, inter ad:- " By and out of the rents, issues, and profits, or by demise, sale, or mortgage, to raise to and for my daughter Frances, the sum of £1000; to and for my daughter Henrietta, the sum of 11000 ; to and for my daughter Arabella, the VoL. V.] EQUITY SERIES. 299 sum of £1000; to and for my daughter Susan, the sum of £1000; and to and V. C. court. for my daughter Matilda, the sum of £1000 ; said several sums to be subject to 1871. the provisions, conditions, and limitations hereinafter expressed-that is to say, „ 1VELLETT I devise, will, and direct that my trustees shall pay to or permit and suffer each v. of my said five daughters to receive and take, for the term of her natural life, the KELLETT. interest from the day of my decease (at the rate of 5 per cent. per annum) of the principal sum of £1000 hereby provided for her ; and in case my said daughters, or any of them, shall hereafter marry, then upon trust to pay to or permit and suffer the husband of each of my said daughters who shall marry, and his assigns, to receive and take the interest, at the rate aforesaid, of the principal sum of £1000 hereby provided for her so marrying, for the term of his natural life ; and, from and after the death of the survivor of each of my said daughters who shall marry, upon trust to pay to the children, if any, of each of my said daughters who shall marry, the principal sum of £1000 hereby provided for their mother, in equal shares and proportions ; the shares of such of the said children who shall be sons to be paid at the age of twenty-one years, and of such as shall be daughters at the age of twenty-one years, or day or respective days of marÂÂÂriage; and upon the death of and according and when each of my said daughters shall die unmarried, or being married, shall die without leaving issue, who, being a son or sons, shall live to attain the age of twenty-one years, or being a daughter or daughters shall live to attain that age, or be married, upon trust to pay and apply the principal sum of £1000 provided for her so dying, to and amongst all or any of my other children, whether my sons or my daughters, their, his, or her...