Ker v Ker

• Jurisdiction: Ireland
• Judgment Date: 30 June 1869
• Date: 30 June 1869
• Court: Rolls Court (Ireland)

Rolls.

KER

and

KER.

Averall v. Wade Ll. & G. T. Sugd. 252.

Hartley v. O'Flaherty Ll. & G. T. Pl. 216.

Hancock v. HancockUNK 1 Ir. Ch. Rep. 444.

Averall v. Wade Ll. & G. T. Sugd. 252.

Hales v. CoxENR 32 Beav. 118.

King v. JonesENR 5 Taunt. 427.

Hartley v. O'Flaherty Ll. & G. T. PL. 216.

Handcock v. HandcockUNK 1 Ir. Ch. Rep. 444.

Barnes v. Racster 1 Y. & Col. C. C. 401.

Voluntary deed — Covenant for further Assurance — Devise — Contribution to paramount charge affecting granted and devised estates — Marshalling in favour of Volunteer.

VOL. III.] EQUITY SERIES. 489 one Statute rule the question on the other; but for this, which L. B. Court. would rather serve the purpose of a lecture on this branch of the 1869. law, I have not time. In re EARL OF I think this point is really a ruled point, acquiesced in for years, Km-GsroN,s and I decide that this judgment is a subsisting charge on this ESTATE. estate ; the costs to be added to the demand on foot of it. If the fund is realized, the existing Chancery proceedings will be regarded in making any order for the payment of this demand. Solicitor for the Executors of Mr. Eyre : Mr. J. B. Kennedy. Solicitor for the Owner and Petitioner : Mr. S. F. Adair. KER v. KER. Bolls. Voluntary deed-Covenant for further Assurance-Devise-Contribution to 1869. paramount charge affecting granted and devised estates-Marshalling in May 31. favour of Volunteer. June 30. K. being seised in fee of L. and other lands, subject to a judgment not reÂÂcovered against himself, conveyed away L. by a voluntary deed, in which he covenanted to do any act required for further, better, and more effectually granting and releasing the lands to the grantee and his heirs, and he devised the other estates. The judgment was paid off by a sale of a portion of the deÂÂ. vised estates. Held, that the devisees had no equity for contribution against the owner of L. ALEXANDER KER being seised in fee of estates in the county of Monaghan, and among others, of the lands of Lisalea, made his will, dated the 27th of May, 1814, by which he devised all his real and personal estates to his brother, Andrew Ker, charged with certain annuities created by the will, and he directed that his said estates so devised to his brother should be subject and liable to all his just debts. Alexander Ker died shortly after the date of his will, which was proved by Andrew Ker. At the time of his death he was indebted to George Vaughan on foot of a judgment of 1811 for £2000. Andrew Ker entered into possession of the estates so devised to him, and paid off a portion of the debt,. leaving £1283 ls. 6d. due on foot thereof, and paid the annuities, two of which determined in his lifetime. THE IRISH REPORTS. [I.R. Andrew Key made his will, dated the 14th of December, 1841. By it he devised all his real and personal estate to three trustees on various trusts, among which was a direction to accumulate a fixed annual sum, to pay a sum of £9000 which he owed. He charged his estates with debts and legacies, and subject thereto, he devised them. to Mary Anne Foster, for life, with remainder to her first and other sons successively in tail, remainder to her daughters in tail, and other remainders over. On the 6th of April, 1846, Andrew Ker conveyed the lands of Lisalea to Thomas Stopford and his heirs for a nominal consideÂÂration, and by way of gift. The deed contained no covenant against incumbrances or for good title, but the...