Newport v Bryan

• Jurisdiction: Ireland
• Judgment Date: 16 January 1856
• Date: 16 January 1856
• Court: High Court of Chancery (Ireland)

Chancery.

NEWPORT

and

BRYAN.

Gifford v. Manley Cas. temp. tal. 109.

Richardson v. JenkinsENR 1 Drew. 477.

Cummins v. CumminsENRUNK 3 Jo. & Lat. 64; S. C., 8 Ir. Eq. Rep. 723.

Turner v. WardleENR 7 Sim. 70.

Brereton v. HutchinsonUNK 3 Ir. Ch. Rep. 361.

Adey v. Arnold 2 D. M. & G. 432.

Wynch v. GrantENR 2 Drew. 319.

Iven v. ElwesENR 3 Drew. 34.

Turner v. WardleENR 7 Sim. 80.

Cummins v. CumminsUNK 3 J. & L. 64; S. C., 8 Ir. Eq. Rep. 735.

Wynch v. GrantENR 2 Drew. 312.

Iven v. ElwesENR 3 Drew. 25.

* 0 oeMA.14-eL . Cartho-a. • Itets3 I alit JT k CHANCERY RFPORTS. 119 NEWPORT v. BRYAN. (Chancery.) ON the marriage of Samuel Newport and Maria Bryan, certain property was put in settlement, by an indenture dated the 29th of September 1814, and purporting to be made between the said Samuel Newport of the first part, Robert Bryan and the said Maria Bryan of the second part, and the Rev. Francis Newport and Robert Butler Bryan of the third part, but which was not in point of fact executed by Francis Newport, who refused to act under it. This deed, after reciting that Samuel Newport was possessed of the sum of £4200, secured by the bond of Mrs. Mary Newport, for the penal sum of £8400, and of other securities and money to the amount of £2800, and that Robert Bryan gave with his daughter a portion of £3000, witnessed that the said Samuel Newport, Robert Bryan and Maria Bryan thereby gave and handed over the said bond in the penal sum of £8400, and the said securities and money to the amount of £2800, and also the said sum of £3000, unto the said Francis Newport and Robert Butler Bryan, " upon and under and subject to the several trusts, uses, intents and purposes expressed ; that is to say, as to the bond for the penal sum of £8400, and the securities and imoney amounting to £2800, in trust for the said Samuel Newport ; and as to the sum of £3000, in trust for the said Robert Bryan, until the solemnisation of the said intended marriage ; then as to the said bond, securities and moneys, that the said Francis Newport and Robert Butler Bryan should invest the said moneys, and also the amount of said bond and securities which they might thereafter receive, in Government or such other securities, any express or implied cove- as to them should appear most expedient, however, by and with Want in the deed that he would call them in, and that, six years from B.'s death having elapsed, the remedy against his assets was barred by the Statute of Limitations. Mere omission to perform a duty arising out of a deed does not create a liability in the nature of a specialty debt, unless there be in the deed words from which a covenant to,perform that duty may be implied. 120 - CHANCERY REPORTS. the consent of the said Samuel Newport and Maria Bryan, or the survivor of them, to be by them, him or her expressed in writing; and then in trust that the said Francis Newport and Robert Butler Bryan, their executors, administrators and assigns, should and would during said coverture receive out of the interest arising from such securities," and pay to Maria Bryan, £100 a-year ; subject thereto, upon trust for Samuel Newport for life, with remainder to provide £400 per annum for Maria Bryan for life ; and subject thereto, upon certain trusts for the issue of the marriage. The indenture then contained a power to invest in lands ; trustees' indemnity clauses expressed in terms not substantially varying from the forms usually adopted ; and a power to appoint new trustees. The marriage between Samuel Newport and Maria Bryan was duly solemnised, and the petitioner was the only issue of such marriage. Robert Butler Bryan died in the year 1841, and the respondents William Butler Bryan and Richard Donovan were his personal representatives. The petition in this cause stated the above facts, and further stated that Robert Butler Bryan had, as trustee of the said settleÂment of Mr. and Mrs. Newport, received the entire of the sums...