Love v Love

• Jurisdiction: Ireland
• Judgment Date: 09 June 1881
• Date: 09 June 1881
• Court: Court of Chancery (Ireland)

V. C.

LOVE

and

LOVE.

Attwater v. AttwaterENR18 Beav. 330.

Simmonds v. Cock29Beav. 455.

Vize v. Stoney1 Dr. & W. 337.

Atkins v. HiccocksENR1 Atk. 500.

Attwater v. AttwaterENR18 Beav. 330.

Will — Gift to one "on his attaining twenty-three" — Contingent gift — Indermediate rents and profits — Administration action.

306 V. C. those rules of equity which it would be dangerous to disturb or 1881. infringe. HAMILTON I shall set aside the sale, and declare that the Defendants hold YOUNG. those shares only as a security, together with the other property of v. the Plaintiff which was subject to their lien, for such sums as shall appear to be due to them on foot of their general account with the Plaintiff, together with interest. I shall direct an account of the sums so due. Solicitor for the Plaintiff : Mr. John D. Rosenthal. Solicitor for the Defendants : Mr. J. Ross Todd. v. C. LOVE v. LOVE. 1881. Will-Gift to one " on his attaining twenty-three"-Contingent et-Inter June 2, 9. mediate rents and profits-Administration action. A testator by his will gave lands, partly freehold and partly chattels real, to his nephew W., on his attaining the age of twenty-three ; and gave the residue of his property to W.'s father, J., whom he appointed executor. S. entered into possession of the rents and profits of the lands, and some years afterwards became bankrupt ; and, thereupon, an action was commenced on beÂhalf of W., who was a minor, by his next friend, seeking for the administration of the real and personal estate of the testator, and for the appointment of a Receiver over the lands. It was admitted in the statement of claim that all the pecuniary legacies and debts of the testator had been paid:- Held, 1st, that the gift to W. was contingent upon his attaining twenty-three ; and that he was not entitled to the rents and profits accruing before he reached that age. 2ndly, that he could not maintain an action for the general administration of the testator's real and personal estate. ACTION for the administration of the real and personal estate of William Love deceased, and that the trusts of his will might be declared, and for the appointment of a Receiver. The testator's will was dated the 10th of February, 1875, and the material part was as follows :-" I bequeath all the land I possess in Rathcraven, Corvina and Crossrea, in the county of Cavan, and. that part of the townland of Ross, in the county of Meath, in my VoL. VII.] CHANCERY DIVISION...