Mercer v Mercer

• Jurisdiction: Ireland
• Judgment Date: 12 June 1860
• Date: 12 June 1860
• Court: High Court of Chancery (Ireland)

Chancery.

MERCER

and

MERCER.

Douglas v. AllenUNK 2 D. & War. 213.

Stocker v. BarreENR 1 Johns, 54.

Crawley v. Kennedy 13 Ir. Law Rep. 407.

Ashburner v. M'GuireENR 2 Bro. C. C. 108.

Lynch v. Kennedy 11 Ir. Law Rep. 342.

Langdale v. WhitfieldENR 4 K. & J. 426.

Barry v. Harding 1 J. & L. 475.

Fleming v. Brook 1 Sch. & Lef. 318.

Dunally v. Dunally 6 Ir. Chan. Rep. 540.

Lowe v. ThomasENRENR Kay, 369; S. C., 5 De G., M. & G. 315.

Stenhouse v. Mitchell 11 Ves. jun. 352.

CHANCERY REPORTS. 506 1860. Chancery. MERCER v. MERCER. June 11, 12. Tam case came before the Court upon exceptions taken to the Master's report, made under a decree directing an account of the personal estate of Henry Mercer, the testator in the cause, and directing an inquiry whether the testator died intestate, as to any and what part of his personal estate. The Master found that Henry Mercer made his will, which was, so far as material, verbatim and literatini, as follows :-" I al,so leave to Jane Boyd otherwise Cahoon £6 sterling per year during her life I also allow Henry Mercer Mussen £100 sterling if he lives to the age of eighteen years of age I also leave to Mr. Matthew Johnston Smyth £20 sterling (turn over) Belfast concerns and those at the end of Lisburn-bridge county of Down with the lease of the office- the two houses in Back-lane Lisburn to my servant Ned Allen I also allow Mercer Warren £20 sterling I also allow £25 to be divided amongst my poor tenants them that is in most need whatever man or woman that is living with me as house servant at my deeease I allow them £10 sterling each I also allow all my bons, shares in the Bank to the Colones* four sons by paying the above-mentioned sumes to the different persons that I have specified." The Master further found that the judgments of which the said testator was possessed at the time of his death had been entered upon bonds, by virtue of warrants of attorney thereto annexed, which bonds were found amongst the papers of the said testator at the time of his death. The Master further found that, besides the bonds upon which judgment had been entered, four bonds were found, upon which judgment had not been entered, made to the testator, of which three were barred by the Statute of Limitations. The Master further found that, under the bequest in said will, of all testator's " bons," the four bonds hereinbefore mentioned, upon * The testator, by " Colone," meant his brother Colonel Mercer. VOL. 10...