Purcell v Blennerhassett

• Jurisdiction: Ireland
• Judgment Date: 26 November 1845
• Date: 26 November 1845
• Court: Court of Chancery (Ireland)

Chancery.

PURCELL

and

BLENNERHASSETT.

Reilly v. FitzgeraldUNK 6 Ir. Eq. Rep. 335.

Dillon v. CruiseUNK 3 Ir. Eq. Rep. 70.

Kelly v. Kelly 6 Law Rec. N. S. 222.

Fergus v. Gore 1 Sch. & lef. 107.

Philippo v. Munnings 2 M. Cr. 309.

Lord St. John v. BoughtonENR 9 Sim. 219.

Commissioners of Donations v. WybrantsUNK 7 Ir. Eq. Rep. 580.

Beardmore v. RattenburyENR 5 B. & Ald. 452.

Dickenson v. Teague 1 Cr. M. R. 241; S. C. 4 Tyr. 50.

Boyd v. HigginsonUNK 5 Ir. Eq. Rep. 97; S. C. Fl. & K. 603.

Coppin v. GreyENR 1 Y. & C. C. C. 285.

Foseter v. ThompsonUNK 6 Ir. Eq. Rep. 168.

Capel v. ButlerENR 2 Sim. & Stu. 457.

Ex parte Giffard 6 Ves. 807.

Martin v Whichelo Cr. and Phill. 257.

Higgins v. Shaw 2 dr. & War. 356.

Thornhill v. Glover 3 Dr. & War. 195.

Knox v. KellyUNK 6 Ir. Eq. Rep. 279.

Hughes v. EadesENR 1 Hare, 486.

CASES IN EQUITY. 103 1845. Chancery. PURCELL BLENNERHASSETT. ARTHUR BLENNERHASSETT the elder made his will in 1811, and thereby devised several estates called A to trustees, on trust to permit his wife Dorcas to receive thereout an annuity of 600 a-year, and upon further trust out of the rents and profits to raise the annual sum of 200, and pay the same to his wife for the maintenance of his children ; and upon further trust to raise and levy thereout one moiety of all money thereafter devised to his daughters and after-born children ; and also one moiety of such money as might be requisite, with his personal property, to pay his just debts; and desired that, subject to these charges, the lands should be conveyed to the use of his eldest son Arthur Blennerhassett for life, with remainders to his first and other sons, &c., and his brothers. succesÂÂsively, in strict settlement ; and he declared that the lands were so given on the express condition, that the lands of B and X, which were settled under an ancestor's will, should be conveyed to the purÂÂposes thereinafter mentioned. He then desired, that out of the lands of B there should be raised the annual sum of 80, to be paid to his wife for the maintenance of his children; and that out of the said lands there should be raised also one-fifth of the sums thereinafter given to his daughters and after-born children, and of such sums as might be nec,emary, with his personal property, to pay his just debts ; and subject to these charges, he desired that B should be conveyed to his second son William Blennerhassett for life, with remainder to 104 CASES IN EQUITY. his first and other sons, &c., with remainders over similar to those of estate A. He then devised the lands of C to his trustees, on trust there-out to raise and pay to his wife 40 annually for the maintenance of his children, and on further trust to raise thereout the one-tenth part of the money thereafter devised to his daughters and after-born children, and of such money as with his personal estate might be sufficient for payment of his just debts, and on trust to convey them subject to these charges, to the use of his third son John BlennerÂÂhassett for life, with remainders to his sons, &c., and remainders over as before. He then left the lands of D to his trustees, on trust to pay to his wife the sum of 40 for the maintenance of his children ; and on further trust to raise thereout one-tenth part of the money thereinafter devised to his daughters and after-born children, and of so much money as might, with his personal estate, be sufficient to pay his just debts, and on trust to convey the same, subject to these charges, to his fourth son Gustavus Blennerhassett for life, with remainders to his sons, &c., and remainders over as before. He then desired that the lands of % should be conveyed to hie trustees on trust-in the first place, to pay head rents, &c. ; and upon further trust to raise and pay to his widow the annual sum of 40 for the maintenance of his children, and upon further trust to raise thereont the one-tenth part of the money thereinafter devised to his daughÂÂters and after-born children ; and upon further trust to convey the lands to his fifth son Thomas Blennerhassett for life, with remainders to his sons, &c., and remainders over as before (thus omitting in the devise of these last-mentioned lands the direction to contribute to his debts contained in all the previous ones). He then gave leasing and jointuring powers to his sons, and devised 5000 each to his two daughters, and 5000 to any after-born child, to vest at twenty-one or marriage, and directed that the savings of the estates during his sons' minorities, should be applied towards payment of the sums charged on them. He then gave some directions as to the advanceÂÂment of his children, and declared "that the portions thereby bequeathed to my daughters and after-born children shall be raised out of the different lands above mentioned in the proportions above stated ;" he declared the provision made for his wife to be in lieu of dower; directed that his daughters' portions should be reduced if they married without her consent ; bequeathed his carriages, &c., and 500 to his wife, and his plate, &c., as heir-looms; and concluded with this passage :-" I desire that all the rest of my personal proÂÂperty not herein disposed of, may be applied in payment of my just debts, and that such further sum as may be requisite to pay my debts, be raised out of my landed property in the proportions above mentioned ;" and appointed his wife executrix. CASES IN EQUITY. 105 The testator died on the 1st of November 1815, leaving his widow, and the children named in his will, and also two after-born sons, all minors, surviving him. The widow proved the will. The children were made wards of Court. The amount of the testator's debts greatly exceeded the amount of his personal estate. Peter Thompson had been agent of the testator, and claimed a large balance due on simple contract from him, and held also his bond for 700. He instituted two actions against Dorcas BlennerÂÂhassett, the executrix, on foot of these demands, to which she gave pleas of confession. She filed a bill disputing the amount due, and seeking a general agency account against Thompson. The litigaÂÂtion ended in an arrangement which was...