Lessee Healy v Donnery

• Jurisdiction: Ireland
• Judgment Date: 01 June 1853
• Date: 01 June 1853
• Court: Exchequer (Ireland)

Exchequer.

Lessee HEALY

and

DONNERY.

Hockley v. Mawbey 1 Ves. jun. 143.

Crossling v. CrosslingENR 2 Cox. 396.

Hogan v. Jackson Cowper, 299.

Harding v. Glyn 8 Ves. jun. 571.

Duke of Marlborough v. Godolphin 5 Ves. jun. 506.

Brown v. Higgs 4 Ves. jun. 708.

Lees v. MosleyENR 1 Y. & C., Ex., 589.

Mason v. Lymberry 2 Sug. Pow. 165.

Holloway v. Holloway 5 Ves. jun. 399.

Brown v. PoeockENR 6 Sim. 257.

Casterton v. Sutherland 9 Ves. 445.

Nash v. CoatesENR 3 B. & Ad. 837.

COMMON LAW REPORTS. 213 T. T. 1853. Exchequer. Lessee HEALY v. DONNERY. (Exchequer) proved a lease of the premises for 100 years, made to the de- awai5reesheisoleda e - fendant by Margaret Healy, deceased, their mother, at a rent of tate in certain premises, de-£35 per annum. This lease was made on the 2nd of January vised as fol- lows :-" I 1850, and contained the usual covenants, with a proviso that if leave, devise and bequeath the lessee should expend £70 on the premises, the lessor should to my said daughter Mar-not demand the first two years' rent, which the lessee covenanted garet Healy all my freehold to do. No rent had been paid under the lease, and this eject- interest in North King- ment was brought by all the children of Margaret Healy, as street, in the lessors of the plaintiff. The defendant gave in evidence the will eitY of Dublin' P non trust to of Matthew Shannon, father of Margaret Healy, under which she receive the rents and pro- took the premises in question, whereby the testator, after reciting fits thereof; for and during the that he was seised of a freehold estate in the demised premises, term of her natural life, devised as follows :-" I leave, devise and bequeath unto my said for her own sole use, &c., "daughter Margaret. Healy all my freehold interest in North notwithstand ing her coverÂ" King-street, in the city of Dublin, upon trust to receive the tare, without her of "rents, &c., thereof, for and during the term of her natural life, her present or y an f hus- " for her own sole use, &c., notwithstanding her coverture, with- band, utu&c.,re with " out the control of her present or any future husband, &c., with power to my said daughter, "power to my said daughter, by any deed or will, to dispose of, by,„" any deed or will, to dis- " devise or bequeath the said freehold estate to and among her pose of, de vise or be " children, in such shares and proportions as she shall think fit queath the said freehold estate " and proper."...