Mostyn v Brunton

JurisdictionIreland
Judgment Date26 November 1866
Date26 November 1866
CourtRolls Court (Ireland)

Rolls.

MOSTYN
and
BRUNTON.

Hanson v. Graham 6 Ves. 230.

Vaudry v. GeddesENR 1 Russ. & M. 203.

Vize v. Stoney 1 Dr. & War. 337.

Stephens v. FrostENR 2 Y. & C., Ex. 302.

Orme;s TrustsUNK 1 Ir. Ch. Rep. 175.

Howard's TrustsUNK 7 Ir. Ch. Rep. 344.

Hubert v. Parsons 2 Ves. 261.

Batsford v. Kebbel 3 Ves. 363.

Leake v. RobinsonENR 2 Mer. 387.

Cruise v. BaileyENR 3 P. Wms. 20.

ham 6 Ves. 239.

Bayley v. Morris 4 Ves. 788.

Lord Teynham v. Webb 2 Ves. 198.

Boraston's caseUNK 3 Rep. 16.

Campbell v. Prescott 15 Ves. 500.

Burges v. Mawby 10 Ves. 319.

Colley'v TrustsELR 8 L. R., 1 Eq. 496.

Orme's TrustsUNK 1 Ir. Ch. Rep. 175.

Stephens v. FrostENR 2 Y. & C., Ex 302.

Hubert v. Parsons 2 Ves. 261.

Burges v. Mawby 10 Ves. 319.

Orme's TrustsUNK 1 Ir. Ch. Rep. 275.

Stephens v. FrostENR 2 Y. & C. Ex. 302.

Goodtitle v. WhitbyENR 1 Burr. 228.

Boraston's caseUNK 3 Rep. 21.

Hart's Trusts 3 De G. & Jo. 195.

Pearce v. LomanENRENR 3 Ves. 135; but see 3 De G. & J. 201; 5 My. & Cr. 134.

CHANCERY REPORTS. 153 bearing date the 5th day of November last, which issued in this matter, at the suit of the petitioner against the respondents, and was delivered to the said Sheriff of the county of Donegal, be and the same is hereby enlarged until the first day of May next ; the petitioner having, though required by the said Sheriff, refused to give any inÂÂdemnity to him against the claims made by John M'Grotty on behalf of the Court of Bankruptcy, and by Mr. George S. Smith on behalf of Messrs. Bateman & Co., of London, as in the affidavit of Mr. Samuel John Crookshank parÂÂticularly stated. And it is further ordered that the said Sheriff be, and he is hereby at liberty to apply, at the expiration of said period, to be discharged from making any return to the said writ, unless the petitioner shall in the meantime give such indemnity, or take proceedings to restrain the actions respectively threatened by the said John M'Grotty and George K. Smith against the said Sheriff for having seized certain goods under the said writ ; and the Court doth reserve the consideration of the costs of the motion until further order. Nov. 17. 26. THE petition in this matter was by way of special case, and prayed A testatrix by her will be that the Court might declare who is entitled to the sum of 1200, queathed X1200 , to N., directed to be paid to John James Walsh Norris, if he survived in the event of his attaining twenty-one, and directed that in the meantime the interest thereof should be applied to his support, maintenance, and education. By a subsequent deed she vested funds in trustees, in trust to permit her to receive the interest for her life, and after her death to pay 1200 of the principal to N. if he should survive her, upon the event of his attaining the age of twenty-one, and the interest in the meantime to be paid for his support, education, and maintenance, provided that the provision for N. should be deemed to be a satisfaction of the legacy left to him by her will ; and that he should not be entitled to that provision in addition to that made for him by the will. Held, that the gift to N. in the deed was vested, and not contingent on his attaining twenty-one. The rule that a gift of interest in the meantime will render a legacy, which would otherwise be contingent, vested, is applicable to a limitation of a money fund by deed. voL. 17. 20 154 CHANCERY REPORTS. 1866. Charlotte Walsh, upon the event of his attaining his age of tweng Rolls. one years, and the interest thereof, limited by a certain deed of the MOSTYN 12th of September 1859. v. BRUNTON. Charlotte Walsh by her will, which bore date the 1st of August Statement. 1859, amongst other legacies bequeathed the sum of 1200 sterling to John James Walsh Norris, in the event of his attaining the age of twenty-one years; and directed that in the meantime the interest thereof should be applied for his support, maintenance, and eduÂÂcation. By the deed of the 12th of September 1859, Charlotte Walsh assigned certain moneys, and securities for money, amounting in the whole to 4309. 4s. 70., and covenanted within three months to transfer into the names of Edward Jones and Thomas Mostyn 110 new 3 per cent. stock, to all of which she was entitled as administratrix and sole next-of-kin of John Henry Walsh deceased, upon trust to pay the interest thereof, or permit the same to be received by Charlotte Walsh; and after her decease to pay the principal to several persons in different sums, and, among others, "to pay and .transfer to John James Walsh Norris 1200 sterling, if he shall survive the said Charlotte Walsh, upon the event of his attaining the age of twenty-one years ; and the interest in the...

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