O'Neill v Browne. Browne, Petitioner; O'Neill, Respondent

• Jurisdiction: Ireland
• Judgment Date: 17 January 1846
• Date: 17 January 1846
• Court: Court of Chancery (Ireland)

Chancery.

O'NEILL

and

BROWNE.

BROWNE,

Petitioner;

O'NEILL,

Respondent.

Bateman v. Willoe 1 Sch. & Lef. 201.

Prothmore v. Foreman 2 Swanst. 237.

Ware v. Horwood 14 Ves. 31.

Stockley v. StockleyENR 1 ves. & Bea. 23.

Pullen v. ReadyENR 2 Atk. 587.

Stapilton v. StapiltonENR 1 Atk. 2.

Cann v. CannENR 1 P. Wms. 723.

Fletcher v. SteeleUNK 6 Ir. Eq. Rep. 376.

Keene v. Barry Ib. cit.

CASES IN EQUITY. 131 plate. The power of disposition which is given to her does not show that it was intended to vest absolutely in her. I think that the case is distinguishable from those cases where the absolute property has been held to vest in the legatee, notwithstanding words of restriction, on the ground that he had a power of disposition. There is nothing contrary to law in the wife's having a life interest in the plate, with power to dispose of a part of it. In default of disÂÂposition, it falls into the residue. That point was not argued, but is still open, if Counsel think they can show that it does not fall into the residue. Reg. La. 94, fol. 40, 1846. O'NEILL v. BROWNE. BROWNE, Petitioner; O'NEILL, Respondent. Jan. 17. • ROBERT FRTHERvrovz being entitled to certain lands held under Injunction against a errIzs 0 leases dated in 1766 and 1778, devised them with others to trustees in trust, as to one moiety, for his daughter Gertrude for life, with judgment granted, after remainder to her issue, as she should appoint. Gertrude married pretermitting opo John O'Neill ; and by their marriage settlement, dated in August the of plepadirtunity ng at 1785, they covenanted to convey this moiety to the use of John law, when the ne glect t o d O'Neill for the joint lives of himself and Gertrude, with remainder so was aco to the use of Gertrude, if she should survive her husband, with counted for by remainder to the use of the child or children of the marriage, except solicitor hav- creditor's the eldest son, in such manner as Gertrude should appoint. ing said that he would pro The plaintiff, Charles F. O'Neill, was one of the issue of this teed no further if the lands marriage, and by a deed dated in 1813, Gertrude made an appoint- were not sub- ment of these leasehold premises, with others, in his favour. She jest to the judgment. _ It sg died in 1824, leaving the plaintiff surviving her, who thereupon entered into possession of the other lands ; but his father retained is good cause aist the possession of the moiety of these leasehold premises. appointment of...