Maultby v Maultby

• Jurisdiction: Ireland
• Judgment Date: 03 May 1852
• Date: 03 May 1852
• Court: High Court of Chancery (Ireland)

Chancery.

MAULTBY

and

MAULTBY.

Hervey v. HerveyENR 1 Atk. 561.

Fowler v. NorthENR 3 Keb. 7.

Allanson v. ClitherowENR 1 Ves. sen. 24.

Brady v. FitzgeraldUNK 12 Ir. Eq. Rep. 273.

Cronin v. Murphy 1 Ir. Chan. Rep. 233.

Leech v. Tyndal 3 Ir. Jur. 53.

1851. Chancery. RnID THOMPSON. Judgment. 32 CHANCERY REPORTS. the trustee must replace this sum of 400, and must also pay the costs of this suit. With regard to the real estate of the wife, it is said that the trustee will be entitled to be recouped out of it, as this sum of 400 will constitute a simple contract debt of Jane Lockhart's ; but I do not feel bound to take any step at present against her real estate, with regard to that sum. It not being suggested that there are any other next-of-kin, Mr. Thompson must convey one moiety of her real estate to the petitioners, and the other moiety to the respondent Hannah M(Namara, and must assign a moiety of the outstanding judgment debts to the petitioners, and the other moiety to Hannah M'Namara. 2 Reg. Lib. Gen. fol. 35. 1852. May 3. A widow, enÂÂtitled to ajoinz tare, assigned the same preÂÂviously to her second mar riage to trusÂÂtees, for her separate use. Subsequently by a prochein ami, and in conjunction with the trustees she Sled a cause petition pray ing the appointment of a receiver over the lands subject to the jointure. To that petition the owner of the lands, and the petitioner's second husband, were made respondents. She died previously to the hearing, and a suggestion was entered on behalf of the trustees, bringing the husband before the Court as her personal representative. Held, that the suit was properly revived pursuant to the 29th section of the Court of Chancery Regulation Act, notwithstanding the 27th General Order of July 1851 ; the form of suggestion contained in that Order having been given by way of illustration, and not for the purpose of narÂÂrowing the scope of the 29th section of the Act. A testator devised an estate pur autre vie in the lands of B and G, and a term for years in the lands of S, upon trust for his son for life, remainder over, and also CHANCERY REPORTS., 33 issue lawfully begotten." Executors were appointed, who proved the will and assented to the bequest of the term in Stubble Close. Thomas Sherlock the younger, having entered into possession of all the lands, executed, in the year 1805 previously to his marriage with Mary Beavan, a settlement whereby he exercised the power by appointing a jointure to her ; and also reserved a power to charge a jointure for any future wife. Mary Beavan, alias Sherlock, having died, Thomas Sherlock the younger, upon his marriage in 1815 with Mary Touchstone, executed an antenuptial settlement on the 30th of August in that year, reciting the will of his father, merely in the deduction of his (Thomas the younger's) title to the lands, and without alluding to the power of jointuring ; and also reciting the settlement of 1805, and the reservation therein of a power to charge 100 per annum as a jointure for a future wife, and Thomas the younger by this settlement of 1815 then granted to trustees a rent-charge of 100 per annum in trust as a provision for Mary TouchÂÂstone in case she should survive him, "chargeable upon" (amongst other estates since determined) " the said lands of Stubble Close and Ballyquane ; and chargeable, in case the said lands should...