Meyler v Meyler

• Jurisdiction: Ireland
• Judgment Date: 30 November 1883
• Date: 30 November 1883
• Court: High Court

V. C.

MEYLER

and

MEYLER.

Holliday v. OvertonENR 14 Beav. 467.

Lucas v. BrandrethENR 28 Beav. 274.

Tatham v. VernonENR 29 Beav. 604.

Marshall v. PeascodENR 2 J. & H. 73.

Middleton v. Barker W. N., 1873, 231.

Barton v. FitzgeraldENR 15 East, 530.

Egerton v. Brownlow 4 H. L. Cas. 209, 210.

Wight v. Dicksons 1 Dow Parl. Cas. 141.

Langston v. LangstonENR 2 Cl. & Fin. 194.

Lysaght v. MagrathUNK 11 L. R. Ir. 142.

M'Clintock v. Irvine 10Ir. Ch. R. 480.

Brenan v. Boyne 16 Ir. Ch. R. 87.

Betty v. Elliott Ibid. 110, n.

Re Bayley 16 Ir. Ch. R. 215.

In Lucas v. BrandrethENR 28 Beav. 274.

Jervoise v. The Duke of NorthumberlandENR 1 Jac. & W. 559.

Egerton v. Lord BrownlowENR 4 H. L. C. 210.

In Marshall v. PeascodENR 2 J. & H. 73.

In Middleton v. Barker W. N., 1873, 231.

Garth v. Baldwin 2 Ves. 646.

Equitable estate in fee — Limitation — Words of inheritance —— Construction

522 LAW REPORTS (IRELAND). [L. R. I. Land Judges. cases cited for the Petitioner the scheduled items had never ante-1883. eedently been charges on the property, and the parties knew they In re were not incumbrances, save by force of the language used in the BELL'S ESTATE. conveyances. The present deed falls within the principle laid down in Honner v. Morton (1). FLANAGAN, J., said. that he did not think any distinction could be drawn as to the one-fifth conveyed by Humphrey Bell. In the cases of In re Nash (2), and Greene v. Stoney (3), lands were conveyed . subject to sums of money which had not been previously mourn- brances, and these cases were distinguishable on that ground. The conditional order for sale must therefore be discharged ; but, under the circumstances, it would be discharged without costs. Solicitor for the Petitioner : Mr. E. G. Foley. Solicitors for the Owners : Messrs. 0' Rorke 8j. Son. V. C. 1883. Nov. 14, 30. MEYLER v. MEYLER. Equitable estate in fee-Limitation-Words of inheritance-Deed prior to Con veyancing Act-Construction. An equitable estate in fee could nat be created by a deed executed before the Conveyancing and Law of Property Amendment Act, 1881 (44 & 45 Vict. o. 41), without words of inheritance. ACTION brought by George Meyler, junior, praying for a declaration as to what estates and interests the Plaintiff and the Defendants Walter Thomas Kelly Meyler, Emily Georgina Meyler, Anna Synnott Meyler, and Rose Cecilia Alice Meyler, respectively, were entitled to in the lands and premises comprised in a certain Indenture of Settlement of the 15th September, 1857. By Indenture of Settlement, bearing date the 15th SepÂtember, 1857, made between George Meyler the elder of the first part, George Meyler, junior, of the second part, Anna Charlotte Henrietta Meyler, therein called Anna Charlotte Henrietta Kelly, of the third part, and Samuel Fewtrell Meyler and Digby Pilot Starkey, of the fourth part (being a settlement executed in consideration of the marriage of George Meyler, VoL. XL] CHANCERY DIVISION. junior, with Anna Charlotte Henrietta Meyler, otherwise Kelly, the father and mother of the Plaintiff and of the Defendants Walter Thomas Kelly Meyler, Emily Georgina Meyler, Anna Synnott Meyler, and Rose Cecilia Alice Meyler), there were granted and assigned unto and to the use of the said Samuel Fewtrell Meyler and Digby Pilot Starkey, their heirs, executors, administrators and assigns, respectively, according to the tenure thereof, six denominations of land, situate at Dalkey, in the county of Dublin, held in fee-simple; three other denominations of land situate at Dundrum, Bullock, and Sandycove, respectively, held for terms of years ; a plot of ground in St. George's-place, Dublin, held under a lease for lives renewable for ever ; two denominaÂtions of land in Armagh, held in perpetuity from the Archbishop of Armagh ; two plots of ground in Belvidere-place and Summer-hill, Dublin, held under a lease for years ; a dwelling-house in English-street, Armagh, held under a lease for years, with a toties guoties covenant for renewal ; a sum of £7194 7s. 9d., secured by a mortgage of lands in the counties of Longford and Westmeath; a sum of £500 secured by a mortgage of lands in the county of Sligo ; and a sum of £184 7s. 4d. Government New Three per cent. Stock ; and a sum of £5000, comprised in an indenture dated the 1st August, 1831 : to hold the same hereditaments respecÂtively, and all and singular other the premises granted, assigned, or otherwise assured, or expressed or intended so to be, and every part and parcel thereof, with the appurtenances, unto and to the use of the said S. F. Meyler and D. P. Starkey, their heirs, execuÂtors, administrators and assigns, according to the nature and teÂnure of said premises respectively, upon certain trusts therein mentioned, during the life of George Meyler, senior ; and after his death upon trust to pay the various rents and outgoings to which the said premises were subject, and to pay the residue to George Meyler, junior, or his assigns, during his life, or until his bankÂruptcy, or until he compounded with his creditors ; and after the censer of his estate during his lifetime, by the happening of such event in the life of Anna C. H. Meyler, otherwise Kelly, upon trust to pay the entire of said rents and income to the said Anna C. H. Meyler for her sole and separate use. " And from and after the decease of the said George Meyler the younger, leaving issue of the 2172 2 LAW REPORTS (IRELAND). [L. It. I. said intended marriage him surviving, or in case of there having been any such issue who shall have theretofore attained an absoÂlute and indefeasible interest under the...