Re Farrer's Estate v

• Jurisdiction: Ireland
• Judgment Date: 10 June 1858
• Date: 10 June 1858
• Court: Court of Common Pleas (Ireland)

Common Pleas.

In re FARRER'S ESTATE

and

Cole v. Scott 1 M'N & G. 18.

Emuss v. SmithENR 2 De G. & Sm. 723.

Douglas v. DouglasENR 1 Kay, 400.

Circuit v. PerryENR 23 Beav. 275.

Bullock v. Bennett 7 De G., M'N. & Gor. 283.

Lady Langdale v. Briggs 2 Jur., N. S., 35.

Doe v. WalkerENR 12 M. & W. 591.

Braybroke v. Inskip 8 Ves. 416.

Leeds v. Munday 3 Ves. 348.

Yornold v. WallaceENR 4 Y. & C., Ex., 160.

Goodlad v. BurnettENR 1 K. & J. 341.

Stillwell v. Mellersch 20 Law Jour., Chan., N. S., 356.

Hughes v. HoskingUNK 28 L. T. 150.

Lady Langdale v. BriggsENR 3 Jur., N. S., 982; S. C., 3 Sm. & G. 225.

York v. WalkerENR 12 M. & W. 521.

Cole v. ScottENR 16 Sim. 259; on appeal, 1 M'N. & G. 518.

E. T. 1858. CommonPleas. `----•r-- n•• April 20. June 10. 370 COMMON LAW REPORTS. In re FARRER'S ESTATE. W. D. F., in 1852, devised all his real and freehold estates in L. and T. (except such estates as were vested in him as mortÂgagee or trusÂtee), to certain uses, with reÂmainder to the use of J. F., for life, reÂmainder to the first and other sons of J. F., in tail male. He then beÂqueathed cerÂtain pecuniary legacies to his younger son and his four daughters, payable out of his personalty, amongst which he enumerated a mortgage held by him on an estate in L. In case his personalty should prove insufficient, he charged all his real and freeÂhold estates, in aid of the personalty, to the extent of £6000; but de clared that all real and freehold property acquired subsequent to the will should be conÂsidered as the primary fund for the payment of the bequests to his son and daughters, but should be deemed personalty for that purpose only. Testator appointed J. F. residuary devisee, and subsequently died seised of real estates in L. and T. At the date of his will, he had been declared the purchaser, in the 'numbered Estates Court, of the estate in L., of which he had been mortgagee, and a conveyance was subsequently, and after the date of the will, made to him of that property. The testator afterwards made a codicil, revoking the legacy to his younger son, and stating that in all other respects he ratified and confirmed his said will.- He/ d, that a sufficient intention on the part of the testator appeared on the face of the will, that the subsequently acquired estate in L. should not pass under the devise to uses, and that the residuary devisee was entitled to same absolutely. COMMON LAW REPORTS. 371 their respective heirs male successively,' may be preferred to and E. T. 1858. take before the younger of his said other sons, and their first and Comm onPleas. In re other sons, and their respective heirs male ; and after the deter- EARREit. mination or failure of the several estates thereinbefore limited, to the use of his daughters in his said will mentioned. The testator, after giving power to his son to charge the devised estates with jointure and portions for children, and to lease, beÂqueathed to his four daughters £4000 each, to be paid out of any moneys he should leave at the time of his decease, in cash, Bank stock, Government securities, or secured by mortgage on the estates of his nephew W. H. Harte, in the county of Limerick, on the KilÂmore estates, in the county of Clare, and on the Whaley estates, in the counties of Armagh, Carlow, Louth and Galway, and town of Galway, or any of them, and out of any personal property or effects he might die possessed of, or entitled to, or interested in, and not therein specifically otherwise disposed of. The testator also bequeathed to his son Richard a sum of £6000, payable out of the same funds as the legacies given to his sisters. After other provisions, the testator directed that in case the moneys, funds, securities and other properties and effects liable thereto should prove insufficient for payment of the several legacies thereÂinbefore mentioned, then and in that case, he charged all his real and freehold estates with the payment of so much thereof as the other funds and securities, moneys, properties and effects thereby charged therewith, should be insufficient to discharge, in case such deficiency should not exceed the sum of £6000 ; and the will, after some other provisions, contained the following clause :-" Provided " always, that any real or freehold property I may acquire subseÂ" quent to this shall be considered as part of the funds and seÂ" curities, moneys, properties and effects, so as aforesaid provided, " as the primary fund for payment of said several bequests to each "of my last-mentioned son and daughters as shall survive me, and " shall, but for this purpose only, be considered as personal estate." After some further provisions as to interest upon the said legacies, the testator devised his house and demesne of Brockley Park, and the Garrons, which he lately purchased in the In 372 COMMON LAW REPORTS. cumbered Estates Court, to his wife, for her natural life, with reÂmainder, after her decease, to his eldest son John Farrer, and his heirs for ever, to and for their own absolute use and behoof. The testator then bequeathed...