Latouche v Obrien

• Jurisdiction: Ireland
• Judgment Date: 11 December 1846
• Date: 11 December 1846
• Court: Rolls Court (Ireland)

Rolls.

LATOUCHE

and

OBRIEN.

Pepper v.Pepper 2 Hog. 19.

Dunsany v. Latouche 1 Sch. & Lef. 160.

Lawless v. Kenny 1 Hd. & Br. 377.

Murtagh v. TisdallUNK 3 Ir. Eq. Rep. 85.

Sparrow v. Cooper 1 Jo. 72.

Baldwin v. Belcher 6 I. Eq. Rep. 424.

Pepper v. Pepper 2 Hog. 19.

CASES IN EQUITY.' 113 LATOUCHE v. O'BRIEN. h this case an application was made on behalf of William Murphy a third person, the administrator with the will annexed of Frances Power otherwise Lalor deceased, that the report of Master Litton made pursuant to the orders of the 4th May 1844, the 26th February, and 20th April 1846, might be set aside or sent back to be reviewed. By the order of the 4th of May 1844 it was referred to the Master to report the residue of the funds in the Bank of Ireland standing to the credit of this cause, and to report who was entitled to such resiÂdue, and in what proportions and their several priorities. The Master, by his report, dated the 28th of November 1846, found amongst other matters, that the residue of the funds in the Bank of Ireland standing to the credit of this cause consisted of the sum of £1441. 17s., Government Di per cent. stock ; and the sum of £135. 2s. 6d. cash, and £415. 11s. 3d., Government ,i31 per cent. consols, transferred by the receiver to the credit of the cause of the Rev. John Parker against Mathew O'Brien and others, and John David Latouche against same ; and the sum of £48. Os. 6d. cash dividends thereon. That by a deed of rent-charge bearing date the 30th day of April 1816, made between Denis O'Brien the younger, of the one part, and Caroline Rayon, of the city of Dublin, and William Monsell of Dunogrogue, both since deceased, of the other part ; he the said Denis O'Brien granted to said Caroline Rayon and William Monsell, their executors, administrators and assigns, an annuity or yearly rent-charge of £340. 19s. 6d. of the then Irish currency, to be issuing out of the lands of Newcastle and the other lands therein mentioned, and which were sold under the decree in this cause, for their lives, and the life of the survivor of them. 114 CASES IN EQUITY. 1846. That by deed bearing date the 1st day of May 1816, the said Rolls. William Monsell assigned his moiety of the said annuity or rentÂLATOUCHE charge to the said Caroline Rayon, her executors, administrators, v. and assigns. That the said Caroline Rayon afterwards duly made &BREEN. and published her last will and testament in her writing, attested so 'Statement. as to pass freehold estates, bearing date the 7th of September 1818, and thereby devised and bequeathed to the said William Monsell all her real, freehold and personal fortune, particularly the said annuity payable to her out of the said lands of Newcastle, and all arrears thereof that might be due or owing to her at the time of her death, together with the full benefit of said annuity during the term of his natural life ; and she thereby appointed the said William Monsell sole executor ; and by a codicil to said will the said Caroline Rayon stated it to be her will, that said William Monsell her executor should pay out of her said rent-charge the sum of £400 to the defendant Desire B. Beauval. That the said Caroline Rayon died in said year 1818, shortly after making said will and codicil, and that said William Monsell thereupon entered into receipt of said annuity and the arrears thereof, but did not prove said will; and that letters of administration to said Caroline Rayon with said will annexed were granted to said defendant Desire B. Beauval forth of the Court of Prerogative in Ireland, on the 11th November 1845. That William Monsell died in November 1824, having made his will, and that administration cum testament° annexo was granted to Mathew Rowan, on whose death administration de bons non was granted to the defendant Thomas Barry. That there was due on foot of the said annuity the sum of £827. 5s. ld., and that the same is the first charge on the fund now in Court. The report further found that in or as of Trinity Term 1792, John Chamley the elder, deceased, obtained two judgments against said Denis O'Brien the elder, one for the sum of £4356. 12s. 2d. debt, besides costs, and the other for the sum of £2408. 1 1 s. 6d. debt, besides costs ; and that the said judgments were now legally vested in Christopher Chamley and George Chamley, executors of John Chamley the elder, deceased, in trust for said John Chamley, and that the said judgments were still valid and subsisting, although they had not been revived or redocketed pursuant to the 9th G. 4. That there is now due and owing to the said Christopher Chamley and. George Chamley, executors of John Chamley, in trust for him, said John Chamley, on foot of said judgments the sum of £6315. 17s. 3d. sterling, which is the next charge on the residue of the funds in bank to the credit of this cause ; and that the said John Chamley is entitled to the balance of said residue after pay CASES IN EQUITY. 115 ment of the sums so reported due to said Desire Bouchier Beauval and Thomas Barry. The report further found that pursuant to a decretal order made in a certain cause pending in this Honourable Court, wherein Frances Lalor, widow, was plaintiff, and the said Denis O'Brien the elder was defendant, bearing date the 8th of February 1812, the said Denis O'Brien, on the 15th day of February 1812, entered into a recognizance in the sum of £4136. 13s. 3d. conditioned that he the said Denis O'Brien should stand to, abide by and perform such decree as this Honourable Court should make in said cause ; that the said cause was further heard on the 4th day of...