M'Clintock v Irvine

• Jurisdiction: Ireland
• Judgment Date: 03 July 1860
• Date: 03 July 1860
• Court: High Court of Chancery (Ireland)

Chancery.

M'CLINTOCK

and

IRVINE.

Barron v. Barron Rep. temp. Napier, 384; S. C., 8 Ir. Chan. Rep. 366.

Crozier v. CrozierUNK 3 Dru. & War. 382; S. C., 6 Ir. Eq. Rep. 415.

Holliday v. OvertonENRENR 14 Beav. 467; S. C., 15 Beav. 480.

Kerr v. Cassidy 1 H. & Br. 222 n.

Lewis v. LewisENR 9 M. & W. 662.

Riply v. Waterworth 7 Ves. 425.

Moore v. CleghornENRUNK 10 Beav. 423; S. C., 12 Jur. 591.

Challenger v. ShepherdENR 8 T. R. 597.

Knight v. Selby 3 M. & Gr. 92.

Lloyd v. SpilletENR 2 Atk. 148.

Barron v. Barron 10 Ir. Chan. Rep. 120.

Doe v. RobinsonENR 8 B. & C. 296.

Lessee Dason v. Dawson 13 Ir. Law Rep. 472.

Crozier v. CrozierUNK 3 Dru. & War. 382; S. C., 6 Ir. Eq. Rep. 415.

Wall v. ByrneUNKUNK 2 J. & Lat. 118; S. C., 7 Ir. Eq. Rep. 578.

Barron v. Barron Ubi sup.

Kerr v. Cassidy 1 H. & Br. 222 n.

Elliott v. Jekyll 2 Ves. 681.

Northen v. CarnegieENR 4 Drew. 587.

Barron v. Barron Supra, vol. 8, p. 366, temp. Napier; S. C., on appeal, vol. 10, p. 120.

1860. Chancery. DODDS V. DODDS. Judgment. 480 CHANCERY REPORTS. Peake, and the heirs lawful of him, for ever ; but, in ease he should happen to die, and leave no lawful heir, then and in that case he gave them, after the death of the said Thomas Biley Peake, to the next eldest son or heir of the said Daniel Peake and Sarah his wife:' Then what does Lord Kenyon say ?-" Now it is apparent on the will that the testator, by lawful heir,' meant heirs of the body' (just as here it is equally clear that by lawful "meal heir" the testator meant heir male of the body); and leaving no lawful heir' must be confined to leaving no issue at the time of his death." On the authority of that case, it would appear that the words here are synonymous with " dying without issue; " and, therefore, it would seem to me that the words here must be restrained, by the effect of the Wills Act, to leaving no issue living at his death. I do not profess to decide this case upon that ground alone; but I do think it would be difficult not to hold the 29th section of the Wills Act applicable. Chancery Hearing Book 26,f. 141. June 8. July 3. Lands held for BY indenture, dated the 16th of April 1741, certain property in lives renew able for ever Lisburn was demised to Charles M'Kenny, for lives renewable -fa were conveyed, for all the es- ever. This lease was renewed in 1766, for the lives of King George tate of t tenant, tope the Third, the Prince of Wales and the Duke of York ; and all the trustees, their estate and interest of the said Charles M'Kenny subsequently heirs and as- signs, for the became vested in Mary M'Kenny, Elizabeth Anne M'Kenny, lives in the lease; and the Catherine Charlotte M'Kenny and Jane Boyes, as co-heiresses of 'deed contained tes...-:so.monttpetyo_L e a declaration the said Charles M'Kenny. James Watson Boyes, the said that the names of the trustees Jane Boyes, was entitled to a considerable sum of money, portion were made use of as trustees of which was, during his minority, expended in the v tit of for J. . W. the B., and grants therein contained were for his sole use and benefit, and for no other use, inÂÂtent or purpose.-Held, that J. W. B. took the entire equitable interest in quasi fee. CHANCERY REPORTS. 481 the said demised premises, by the erection of houses thereon. This 1860. ancery. was done with the assent of the said co-heiresses of the said Charles Ch M'Kenny.By an indenture, bearing date the 25th day of August M'CLINTOCK v. 1812, and made between the said Mary M'Kenny, Elizabeth Anne IRVINE. M'Kenny, Catherine Charlotte M'Kenny and Jane Boyes, of the Statement. one part, and John Samuel Torriano and James Watson, of the other part, reciting that there had been four new houses built on the said premises, with the money of the said James Watson Boyes, the nephew of Mary M'Kenny, Elizabeth Anne M'Kenny and Catherine Charlotte M'Kenny, and son of Jane Boyes, it was witÂÂnessed that the said parties of the first part, in consideration of love and affection for James Watson Boyes, and of ten shillings to them paid by the said John Samuel Torriano and James Watson, did grant, bargain, sell, convey, release and confirm unto the said John Samuel Torriano and James Watson, in their actual possession...