Kerr v Kerr

• Jurisdiction: Ireland
• Judgment Date: 06 December 1854
• Date: 06 December 1854
• Court: High Court of Chancery (Ireland)

Chancery.

KERR

and

KERR.

Plowden v. CartwrightENR 1 Burr. 282.

Loddington v. KimeENR 1 Ld. Ray. 203; S. C., 1 Salk. 224.

Duke of Norfolk's caseENR 3 Ch. Ca. 1.

Wood v. SandersENR Pollexf. 35.

Target v. GauntENR 1 P. Wms. 432.

Campbell v. Harding 2 R. M. 390.

Candy v. Campbell 2 C. & Fin. 421.

Barlow v. Salter 17 Ves. 479.

Simmons v. SimmonsENR 8 Sim. 22.

Pye v. LinwoodUNK 6 Jur. 618.

Land v. Tobin 1 Moll. 543.

Rochfort v. FtizmauriceUNK 4 Ir. Eq. Rep. 375.

Spencer v. Godwin 4 M. & Sel. 265.

Crosier v. Crosier 2 Con. & L. 294.

Fenwick v. GreenwellENR 1 Beav. 412.

Leeming v. SherrattENR 2 Hare, 14.

Eno v. EnoENR6 Hare, 171.

Doe v. Ford 2 Ell. & Bl. 970.

Ranelagh v. Ranelagh 2 M. & K. 441.

Westwood v. Southey 21 Law Jour., N. S., Ch., 437.

Wynch's TrustsUNK 18 Jur. 659.

Goodtitle v. GibbsENR 5 B. & C. 709.

Carter v. MadgewickENR 3 Lev. 339.

Jermyn v. OrchardENR 1 Salk. 346; S. C., Show. P. C. 199.

Garatt v. CockerellENR 1 Y. & C. C. C., 494.

Hanan v. DrewUNK 10 Ir. Eq. Rep. 333.

Campbell v. Harding 2 R. & M. 390.

Candy v. CampbellUNK 2 C. & F. 421.

Traget v. GauntENR 1 P. Wms. 432.

CHANCERY REPORTS. 493 1854. Chancery. KERR v. KERR. Dec. 5, 6. Tills was a cause petition filed by John Kerr and Henry Kerr, being pos sessedof a John Kerr the younger, Sarah Kerr and Moses Kerr, infants, by chattel interest in by the said John Kerr their father and next friend, against Margaret d lands, ands, operating as a Common Kerr. The following were the material facts of the ease :-By a Law convey- lease, bearing date the 16th of November 1714, the lands of Drum- anee, assigned them to A, B, nascamph were demised to Henry Kerr for the term of 31 years, C and D, to be divided and with a covenant for perpetual renewal. The tenants' interest under enjoyed by them in man this demise became vested in Moses Kerr, the father of the peti- ner following, that is to say, tioner John Kerr, and he obtained a renewal of the lease on the A's one-fourth to coist 13th of September 1807. By an indenture, bearing date the 27th Greenans m; of of fourth B's ' B of December 1833, and made between the said Moses Kerr, of the Blackacre ; first part, Henry Kerr, James Kerr, Moses Kerr the younger and C's fourth of Whiteacre ; the petitioner John Kerr, sons of the said Moses Kerr the elder, and D's fourth of Redacre : to of the second part, and Sarah Kerr, of the third part ; the said have and to hold the said Moses Kerr the elder assigned unto the said Henry Kerr, James lands unto the said A, B, C Kerr, Moses Kerr the younger and John Kerr, the said lands of and D, as folÂÂlows-that is Drumnascampb, to be divided and enjoyed by them in manner to say, to the said A his - following, that is to say, the said Henry Kerr's one-fourth part fourth forone h. life, and :o) to consist of the old garden then in meadow, the Sheep-field, Upper and afterfr hi Holme and Granny's-field, together with the stones of the old demise, if he should leave house ; the said James Kerr's to consist of the old limed field, lawful issue him surviving, with the meadow belonging to it, and also so much of the land to such of them as he should formerly occupied by Patrick Gormley as would make out his appoint ; but if he should own one-fourth, together with the house the said Patrick lived die without issue, the in ; the petitioner John Kerr to have his own one-fourth at the fourth tosaid be north end of the farm above the Moss ; and the said Moses the descend and end to the survivor and younger his one-fourth on the south end of said farm, reserving survivors of the mid B, C and D, which should be then living. A survived B and C, and died in the lifetime of D without having had issue :-Held, that the habendlan was not inconsistent with the premises. That the gift over, if A should die without issue, was not void for remoteness. And that D was entitled to A's share of the lands. 494 CHANCERY REPORTS. the site of the old ozier garden for the use of the house the said Moses Kerr the elder then lived in, which house and office-houses, on the decease of the said Moses Kerr the elder and Sarah his wife, were to go to and be equally divided between the petitioner John Kerr and the said Moses Kerr the younger ; and as to the bog, the same was to be divided into four shares between the said Henry, James, Moses the younger and the petiÂÂtioner John Kerr : to have and to hold the said lands and premises unto the said Henry Kerr, James Kerr, Moses Kerr the younger and the petitioner John Kerr, as follows ; that is to say, to the said Henry Kerr his one-fourth of the said premises as before described, from the day of the date of the said indenture, for his life, and from the day of the death of the said Henry Kerr, if he should leave lawful issue him surviving, then to such of them as he should by deed or will limit or appoint ; but if he should die without issue, then said fourth of said premises to be divided and descend to the survivors or survivor of his said three brothers which should be then living. The...