Murray v Moyers

• Jurisdiction: Ireland
• Judgment Date: 21 January 1866
• Date: 21 January 1866
• Court: Rolls Court (Ireland)

MURRAY

and

MOYERS.

Rolls.

Lord Langdale v. Briggs 8 D., M. & G. 419.

Re Charleville a Minor 13 Ir. Chan. Rep. 6.

Bell v. CodeENR 2 J. & H. 122.

Gosling v. Gosling 1 John. 265.

Jackson v. TurnleyENR 1 Drewry, 817.

520 CHANCERY REPORTS. 1866. Insolvent Court to obtain a dissent from the assignee, or that Rolls. a creditors' assignee should have been made a respondent to the PeNALLY suit. V. GRADWELL. I made the following order towards the close of the last sittings, but have thought it right to state in writing the grounds of my decision : Order. Declare that the petitioner is not entitled to a specific perÂformance of the agreement of the 12th of June 1862, the said petitioner having been discharged as an insolvent debtor on the 23rd of October 1863. Declare also, that the peÂtitioner is not entitled to a specific performance of said agreement on other grounds. Let petitioner pay respondÂent costs Of suit when taxed. Dissolve the injunction granted by order oth020th of February 1865. The Court doth not dismiss the petition, in order that the respondent may, if he shall be so advised, move that the Accountant-General do draw in his favour for the sum of £54, which has been lodged by the petitioner to the credit of this matter. Reserve liberty to the parties to apply. Rolls Hearing Book, 27, 246. 1865. Nov. 9, 14, 20, 21. 1866. Jan. 16. MURRAY v. MOYERS; Tnz petition was filed by the trustees and executors of William Moyers deceased, for the administration of his real and personal estates. The testator by his will, which bore date the 27th of July 1860, devised two houses, at Monkstown in the county of Dublin, to his daughter Emily ; and he directed that, if she married, the houses should be settled to her separate use ; and that in case of the CHANCERY REPORTS. 521 testator's death, before his daughter should attain the age of twenty-two years, the trustees should apply a portion of the rents for her maintenance, and invest the remainder for her benefit until she attained the age of twenty-two years ; " and in case she shall marry and have one child, or children, who should survive her, with power to her to will and appoint same to any one or more of her children, in such share or shares as she may think proper; and in case she dies, leaving no child or children, or issue of such child or children, but her husband surviving, then with power to her, provided she and her husband have been seven years married, to will same to her...