Re Carter's Trusts

• Jurisdiction: Ireland
• Judgment Date: 31 May 1869
• Date: 31 May 1869
• Court: Chancery Division (Ireland)

V. C. Court.

IN RE CARTER'S TRUSTS.

Alexander v. Crosbie LI. & G. T. Sug. 152.

Bath and Montague's Case 3 Cases in Ch. 55.

Bailey v. LloydENR 5 Russ. 344.

Barratt v. WyattENR 30 Beav. 442.

Beaumont v. FieldENR 1 B. & Ald. 247.

Walsh v. Trevanion 15 Q. B. 733.

Brooke v. HaymesELR L. R. 6 Eq. 25.

Breadalbane v. Chandos 2 Myl. & Cr. 711.

Kennedy v. BrounENR 33 Beav. 133.

Thompson v. Whitmore 1 J. & Hem. 268.

In re CawthorneENR 12 Beav. 56.

In re Erskine's TrustsENR 1 K. & J. 302.

Re Hue's TrustsENR 27 Beav. 337.

Deed — Construction of — Erroneous recital.

cumbrances. I have not here to deal with a conflict between Rolls. successive claimants as purchasers or mortgagees, such as occurred in 1869. Barnes v. Racster (1), and many other cases (2). Lord Justice KEn Turner seems to have thought the decisions in Ireland had gone v. KER. very far (3), but the doctrine they establish appears to me to govern this case. The question is a doubtful one ; but on the whole I think there is no right to contribution, and the bill must be disÂÂÂmissed. Solicitor for the Plaintiff : Mr. J. T. Hardman. Solicitor for the Defendants : Mr. B. Booth. IN RE CARTER'S TRUSTS. Deed-Construction of-.Erroneous recital. When a deed recited that the grantor desired to carry out intentions exÂÂÂpressed in a draft will which the intending testator had died without executing, and also professed to recite those testamentary intentions, but the recital of them was in fact erroneous, Held, that the erroneous recital could not be corrected by reference to the draft will itself. PETITION by the trustees of the will of the late Very Rev. Thomas Carter, Dean of Tuam, to draw out of Court a sum of £2127 2s. 10d., Govt. new £3 per cent. stock, the produce of £2007 13s. 9d., which had been lodged under the Trustee Relief Act by James Tipping, the sole surviving trustee of the settlement which was executed on the marriage of William Frederick Carter (the only son of Dean Carter) with Catherine Elizabeth Tipping. The petitioners were Conway Richard Dobbs and the Rev. Jeffry Lefroy, who was also executor of Dean Carter, and admiÂÂÂnistrator de bonis non of William Frederick Carter ; and the trust fund had been lodged in Court on the 29th of January, 1869. From the petition it appeared that the above-mentioned settleÂÂÂment was executed on the 1st of June, 1836, and that thereby a (1) 1 Y. & Col. C. C. 401. (3) Strove v Fawkes, 4 11 M. & (2) 2 Tud. L. C. 93. J. 652. 496 THE IRISH REPORTS. El. R. V. C. Court. certain bond, conditioned for the payment by Viscount Mande-1869. ville to Dean Carter of the sum of £2000, was (with other pro In re perty) assigned to trustees for the use of William Frederick Car-CARTER' CarÂÂÂCARTER's ter for life ; remainder for the use of his wife, if she survived him, TRUSTS. for life ; remainder, if there should be no issue after marriage, in trust for the heirs, executors, administrators, and assigns of WilÂÂÂliam Frederick Carter. The settlement also provided that the provision thereby made for Mrs. Carter should be in bar of dower, &c. The amount of the bond was paid off during the life of WilÂÂÂliam Frederick Carter, and, after another investment, was finally invested in Govt. £3 per cent. consols by the trustees of the settleÂÂÂment.. There never was any issue of that marriage, and Mrs. Carter survived her husband, who, in 1845, died intestate. A will had, however, in pursuance of his instructions, been drafted for him, though it remained unexeeuted at his death. At the hearing a question was raised whether the draft produced was the draft which had been so prepared, but the evidence given by the petiÂÂÂtioners satisfied the Vice-Chancellor of their identity. By that draft will William Frederick Carter bequeathed to his wife, for her own absolute use and benefit, his stock of cattle, farm produce, and his wines and other consumable housekeeping stores ; gave her...