Lamphier v Drapes

• Jurisdiction: Ireland
• Judgment Date: 22 January 1863
• Date: 22 January 1863
• Court: High Court of Chancery (Ireland)

Chancery.

LAMPHIER

and

DRAPES.

Kenworthy v. Bate 6 Ves. 793.

M'Clintock v. Irvine 10 Ir. Chan. Rep. 480.

Crozier v. Crozier 3 Dru. & War. 383.

Doe v. Jackson 1 Moo. & Rob. 553.

Goldsmid v. Goldsmid 2 Har. 189.

Wright v. GoffENR 22 Beav. 207.

Irwin v. Irwin 10 Ir. Chan. Rep. 29.

CHANCERY REPORTS. 33 1863. Chancery. LAMPHIER v. DRAPES. (In Chancery.) Jan. 22. Tins case came before the Court under the following circum- In 1772, L., upon his mar- riage, settled stances :- renewable In 1772, Thomas Lamphier was seised, for lives renewable for freeholds to the use of himself ever, of the lands of Parkstown, Carragheen, and Brownstown ; for life, with re- mainder upon and by a settlement, dated the 5th February 1772, and executed trust for the of upon his marriage with Lydia Pennefather, he conveyed these lands eldest son the marriage, to trustees, for the use of himself for life ; with remainder to secure till he should attain twenty- a jointure for Lydia his intended wife ; with remainder to trustees one ; on his attaining for a term, to provide portions for younger children ; with remain- twenty-one, upon trust to der upon trusts to pay the head rent and renewal fines, and to convey to him absolutely. apply the residue of the rents and profits for the use of the first There was power in the son of the marriage until he should attain twenty-one ; on his deed for the senior to re- attaining twenty-one, to convey to him ; and in case he should die yoke the limi- tation to the under twenty-one, for the second and other successive sons of the eldest son, and marriage, in like manner. The deed contained a power to Thomas to relimit to the sons of the Lamphier to revoke the limitation to the first and other sons, and to marriage in such priority relimit to the sons of the marriage in tail, in such priority as he as he should think fit. P. should think fit. was the eldest son of the mar There were issue of the marriage five sons, John Pennefather riage, and at tained his age the eldest, and Thomas, Anthony, Vernon, and William Nicholson, before 1802. In 1802, by the younger sons. John Pennefather Lamphier, having attained his deed, reciting the settlement age, an indenture was executed, bearing date the 16th July 1802, of 1772, L. and P. con- between Thomas Lamphier of the first part, John Pennefather veyed the lands Lamphier of the second part, Francis Garrett and John Russell of comprised in that settlement the third part, and Samuel Grubb and Matthew...