Lynch v Nelson

• Jurisdiction: Ireland
• Judgment Date: 02 July 1870
• Date: 02 July 1870
• Court: Rolls Court (Ireland)

Rolls.

LYNCH

and

NELSON.

Smith v. ParkhurstENRENR 3 Atk. 135; Willes, 327.

Thurman v. CooperENR Poph. 138.

Butler v. WiggeENR 1 Saund. 61.

Fenton v. FentonUNK 1 Dr. & Wal. 66.

Baldwin's CaseUNK 2 Rep. 23.

Pilsworth v. PyetENR T. Jones, 4.

Goodtitle v. GibbsENR 5 B. & C. 709.

Timmis v. Steele 4 Q. B. 663.

Lewis v. ReesENR 3 K. & J. 132.

Settlement of Reversion — Construction — Whether of the Fee or for Lives renewable for ever.

THE IRISH REPORTS. [I. R. Settlement of Reversion-Construction-Whether of the Fee or for Lives renewable for ever. T. D., seised in fee of the lands of X., leased them for lives renewable for ever, reserving a rent; by a settlement, executed in 1795, on the marriage of his niece, and reciting the lease, he conveyed the lands to trustees for the lives in the lease, and such other lives as should for ever be added under the covenant for perpetual renewal therein contained, to the nse, in the events which happened, of A., the eldest daughter of the marriage, and the heirs male of her body. Subsequently, in 1828, A. conveyed the lands by deed, without fine or recovery, to certain uses therein contained. Held, that the settlement of 1795 operated as a grant by J. D. of the reverÂÂsion, and that A.'s estate was one in quasi tail therein, and was effectually barred by the settlement of 1828 without fine or recovery. INTERPLEADER SUIT. Joseph Dunne, seised in fee of the lands of Belpor, by indenture of lease, dated 10th of April, 1793, deÂÂmised. a part containing 101A. 2R. 30r. to John Lynch, his heirs and. assigns, for three lives, at the rent of £122 ; with a covenant for perpetual renewal on payment of a peppercorn fine ; and the interest of the lessee became vested in the Plaintiff. Upon the occasion of the marriage of Sarah Lapham, a niece of the lessor in the above lease, with one Robert Walker, a settleÂÂment, dated the 10th of July, 1795, was executed between Robert Walker of the first part, Sarah Lapham of the second part, said Joseph Dunne of the third part, and J. V. and. R. G. of the fourth part, whereby (after reciting the intended marriage, and that Joseph Dunne, in consideration of his love and affection for Sarah Lapham, had agreed to make a provision for her and her issue, in case she should survive Robert Walker, and his seisin in fee of the lands of Belpor, and the above lease of the 10th April, 1798),. Robert Walker conveyed certain premises of which he was seised and. possessed, to J. V. and R. G. and the survivor, &e., and the heirs, executor, &c., of such survivor, to the use of Robert Walker, for his life, remainder to the use that Sarah Lapham should receive VOL. V.] EQUITY SERIES. a jointure ; remainder to the use of the issue of the marriage as Robert Walker should by will appoint ; and, in default, to be equally divided among said issue. By the same settlement, Joseph Dunne, in consideration of his love and affection for Sarah Lapham, and in order to make a further provision for her issue, and for a nominal pecnniary conÂÂsideration, granted and conveyed to J. V. and R. G., and the surÂÂvivor, &c., and the heirs of such survivor, that part of the lands of Belpor, containing 101A. 2a. 30p., and also the lease of the 10th of April, 1793, to hold the said lands and hereditaments to J. and R. G. and the survivor, &c., and the heirs of such survivor, for the life and lives of the three cestui que vies named in the lease of 1793, and for the life and lives of every such other person and persons as should be added by virtue of the covenant for perpetual renewal, to the use of Joseph Dunne for life ; and, after his decease, to permit and suffer Robert Walker to take the rents...