Mills v Mills

• Jurisdiction: Ireland
• Judgment Date: 29 January 1846
• Date: 29 January 1846
• Court: Court of Chancery (Ireland)

Chancery.

MILLS

and

MILLS.

Lewis Bowles' caseUNK 11 Rep. 836.

Simpson v. O'SullivanENR 7 Cl. & Fin. 550.

Forbes v. Moffat 18 Ves. 390.

CASES IN EQUITY. 299 1846. Chancery. MILLS v. MILLS. Jan. 29. BY articles bearing date the 7th of January 1769, executed on the A father, re- marriage of Oliver Mills, it was covenanted that certain lands should nrtb t life, wit be conveyed to trustees in trust for Oliver Mills for life, and after charge his decease to the use of first and every other son of the intended d 0 e un 5ea0rn and marriage in tail male, with several remainders over ; and it was z, tenant declared and agreed to be the intention of the parties that in the deed, the estate, to the son should tha to be executed in pursuance of the articles, a power should be given to Oliver Mills to charge the lands with a jointure not exceeding receive a rent- charge rtgiee their lavesCI Iv0e0s £50 for any after taken wife, and to appoint fortunes for younger for children of any future marriage, not exceeding £500. and that of the survivor, with There was issue of the marriage, one son, the defendant George powers of disÂMills. Oliver Mills, his first wife having died in 1790, married the ftroressnaonnd-peanyt plaintiff Emma Mills in 1795. There were eight children of this payment, then to h second marriage, the survivors of whom were also plaintiffs in the the father for cause. By his will, made in 1805, Oliver Mills exercised his powers, pliofew,erwittoh a by charging a jointure of £50 for his wife, and £500 for the children charge an ad- ditional m of the second marriage. £1000 f sum o A deed was executed on the 12th of December 1807 by Oliver youngerh Mills, who was tenant for life, and George Mills, tenant in tail in tdhreensu;utinen to tail. u gthath if it remainder of the lands, and other parties : it recited t e articles of Reid, do, January 1769, the second marriage, and that it had been agreed a was the in between Oliver and George Mills that Oliver should grant to George tthenet atenniityye an annuity of £100, chargeable on the lands, and payable during the priority io0ovoer natural lives and life of the said Oliver and George and the survivor equity would of them ; and that in consideration thereof the said Oliver Mills not allow a legal merger to should have power to charge said lands with any sum not exceeding destroy it; yet, £1000 sterling, with interest, from the death of the said Oliver, at coon ttrhuec itornue it the rate of £6 per cent. until paid, to be disposed of in such manner was not t in- ended tht as the said Oliver should think fit, but not to be raised or paid until should exist it two years after the death of the said Oliver Mills, and that George tahltec er, Mills should have power to...