Lambert v Browne

• Jurisdiction: Ireland
• Judgment Date: 01 February 1871
• Date: 01 February 1871
• Court: Exchequer (Ireland)

Exchequer.

Before FITZGERALD, HUGHES, and DEASY, BB.

LAMBERT

and

BROWNE

Jenkins v JenkinsENR Willes, 650.

Doe d. Beesley v. WoodhouseENR 4 T. R. 89.

Fenwick v. PottsENR 8 De G. M. & G. 506.

White v. ParkerENR 1 Bing. N. C. 573.

Barker v. GreenwodENR 4 M. & W. 421.

Doe d. Tomkyns v. WillamENR 2 B. & Ald. 84.

Watson v. PearsonENR 2 Ex. 581; S. C. 18 L. J. N. S. Ex. 46.

Deed — Legal Estates — Will — Direction to Executor to let Freehold Lasnds — Lapse — Construction — Statute of Limitations.

218 THE IRISH REPORTS. [I. R. LAMBERT v. BROWNE (1). Deed-Legal Estate-Will-Direction to Executor to let Freehold Lands Lapse-Construction-Statute of Limitations. (1). By settlement made in 1830, not operating as a feoffment or as a release or as a bargain and sale, freehold lands were conveyed to a trustee and his heirs, upon trust to permit the settlor and his heirs to hold and possess the lands, subject to a rentcharge thereby created. lield, that the legal estate did not pass to the trustee. (2). A testator directed his executor to let part of his real estate, and out of the profit rent to pay certain sums to each of his sons, J. and S., as his exeÂcutor should think fit; and, after devising the rents and profits of the lands (without any devise in express terms to the executor), the testator desired that all his just debts should be first paid. J. and S. died, and the executor made no letting. Held, that the legal estate was not vested in the executor at the time of action brought. (3). A direction to an executor to let real estate and to apply the profits to a particular purpose, cannot raise, by implication, an estate in the executor I extending beyond the period of accomplishing the purpose indicated. (4). Devise of the profit rent of lands held under a lease for lives, " equally share and share alike to my dear wife and four other children by her-namely, J., H., H., and E., during the remainder of the term, except as hereinafter mentioned ; that is to say, except to my wife, who it is my will shall only have a life interest in the lands." Held, that the wife's share did not lapse by her death in the lifetime of the testator, but, upon his death, passed to the remaining devisees, as tenants in common. (5). A testator (whose will was not discovered for fifteen years after his death) died in 1847, leaving his devisee an infant, who attained full age in 1852. Held, in an ejectment on the title brought in 1869 by the devisee against the grantees of the heir-at-law, that by the lapse of twenty years from the death of the testator, and of ten years from the time of the devisee's attaining full age, his right was barred by the Statute of Limitations. EJECTMENT on the title'to recover part of the lands of Great Hayestown. The action was commenced in 1869, and was tried before HUGHES, B., at the Wexford Summer Assizes of 1870. The lands in question were, by lease, dated the 27th of July, (1) Before FITZGERALD, HUGHES, and DEASY, BE. Vol.. V.] COMMON LAW SERIES. 219 1825,, demised by Robert Percival to James Lambert for three Exchequer. lives (one of whom was in existence at the time of action brought), 1870. or ninety-one years. James Lambert was a widower at the date of the lease, and in 1830, he married Maria Sparrow ; upon which occasion a settleÂment was executed whereby, in consideration of the marriage porÂtion of Maria Sparrow, he granted and assigned to William SparÂrow, his heirs, executors and administrators, the lands demised by the lease of 1825, to hold during the residue of the original term of lives and years, upon trust to permit and suffer James Lambert, his heirs, executors, administrators or assigns, to have, hold, occupy, possess, and enjoy the lands during the reÂsidue of the original demise thereof, subject to a yearly rent-charge of £20 by way of jointure for Maria Sparrow, and, after her decease, for the issue of the intended marriage, in such shares and proportions as James Lambert, or Maria Sparrow, in default of appointment by him, should appoint ; and upon further trust to permit and suffer Maria Sparrow, in case she should survive James Lambert, to receive and take a clear yearly rent-charge of £20 sterÂling out of all the demised lands during her life ; and in the event of the decease of James Lambert leaving issue of the inÂtended marriage, then upon trust to permit and suffer all such issue, their heirs, executors...