Re Mahon's Estate

• Jurisdiction: Ireland
• Judgment Date: 17 June 1851
• Date: 17 June 1851
• Court: Court of Common Pleas (Ireland)

Common Pleas.

In re MAHON'S ESTATE.

Purefoy v. RogersENR 2 Saund. 33.

Bebb v. PenoyreENR 11 East, 160.

Paris v. MillerENR 5 M. & S. 408.

Herbert v. Thomas 3 A. & E. 123.

Simmons v. SimmonsENR 8 Sim. 22.

Walsh v. Wallinger 2 R. & M. 78.

Woodcock v. RenneckENR 4 Beav. 190.

Doe d. Thorley v. ThorleyENR 10 East, 438.

Paul v. Hewetson 2 M. & K. 434.

Casterton v. Sutherland 9 Ves. 445.

Campbell v. Sandys 1 Sch. & Lef. 281.

Rex v. StaffordENR 7 East, 521.

Docking v. Dunham Doug. 264.

Ginger v. White Wiles, 318.

Blackborn EdgelyENR 1 P. Wms. 600.

Mosse v. Lord OrmondUNK 5 Mad. 99.

Tucker v. BakerUNK 11 Ir. Eq. Rep. 104.

Langely v. BaldwinENR 1 P. Wms. 749.

Attorney-General v. Sutton Ibid, 754.

Doe v. Gallini 3 A. & E. 340.

Wright v. Leigh 15 Ves. 464.

Heron v. Stokes 2 Dr. & W. 89.

Doe v. Prigg B. & C. 231.

Doe v. Lamny 2 Bar. 1100.

Hockley v. MawbeyUNK 3 B. C. C. 81; S. C. 1 Ves. jun. 143.

Doe v. GoffENR 11 East, 668.

Roe v. BaconENR 4 M. & S. 366.

Doe v. AlcockENR 1 B. & Al. 137.

Right v. CreberENR 5 B. & C. 866.

Harding v. GlynENR 1 Atk. 469.

Brown v. Higgs 5 Ves. 495.

Sherratt v. Bentley 2 M. & K. 149.

Lang v. PughENR 1 Y. & C., C. C. 718.

Crone v. O'DellUNK 1 B. & B. 449.

Knight v. Selby 3 Scott's N. R. 409.

Moore v. CleghornUNK 12 Jur. 591.

Sunday's caseUNK 9 Rep. 127.

Forth v. ChapmanENR 1 P. Wms. 663.

Doe v. CooperENR 1 East, 227.

Pierson v. VickersENR 5 East, 547.

Kenny v. AgarENR 12 East, 251.

Dansey v. GriffithsENR 4 M. & S. 61.

Thetuson v. Woodford 4 Ves. 227.

Seale v. BarterUNK 2 B. & P. 485.

Doe v. GoldsmithENRUNK 7 Taunt. 209; S. C. 2 Marsh. 517.

Doe d. Jesson v. WrightENR 2 Bligh, 1.

Croly v. Croly Batty, 1.

Irvin Cuffe Ha. 30.

Briscoe v. Briscoe Ibid. 34.

Martin v. M;Causland 4 Ir. Law Rep. 340.

Allen v. AllenUNK 4 Ir. Eq. Rep. 884; S. C. 2 Dr. & War. 307.

Phillips v. PhillipsUNK 10 Ir. Eq. Rep. 513.

COMMON LAW REPORTS. 567 T. T. 1851. CommonPleas. In re MAHON'S ESTATE. April 24, 25. June 17. Thu following case was sent by the Commissioners for the Sale of A testator, Incumbered Estates in Ireland for the opinion of the Court of Com- seised pur autre vie of a - : Pleas Pl moiety of the mon lands of M., Joseph Mahon being seised pur autre vie, with a covenant for with a cove nant for per perpetual renewal, of a moiety of the lands of, Mullaghderg, in the Petual renew al, devised county of Donegal, the other moiety thereof belonging to John " one third undivided part Mahon the second, and Jane Mahon, hereinafter mentioned, made of his freehold in the said his will on the 14th of January, A.D. 1803, in the words follow- M.," together in g :-" In the name of God, I Joseph Mahon, of Mullaghderg, in with other lands " to his " theparish of Templecrow, and county of Donegal, do make my last son George for ever, with " will and testament as follows, hereby revoking any will or wills power to him to bequeath the same to his lawful heirs male or female in such proportions as he should think proper, thereby however binding and obliging him to leave one-half of his said lands to his present children by his late wife, or to the survivors or survivor of them, in such divisions or shares as he should please." He then devised another one-third to his son Joseph in similar terms, and the remaining one third to his wife Elizabeth during her life ; and if his son John should marry a Protestant, he bequeathed to him the said one-third part of the above lands after the death of his mother for ever, with full power for him to give or leave the same to his lawful heirs male or female in such shares as he should think proper; and if any one or more of his said three sons should die without leaving lawful issue, his or their third parts should go to the surviving brothers or brother, and their lawful issue as above ; and if all his said three sons should die without lawful issue, that all the said lands should go to his daughter J. F. and her issue for ever. The will contained a bequest of twelve guineas to J. F., to be paid within a year after her mother's death equally by her three broÂÂthers ; and also the following clause :-" As my son George or Joseph might posÂÂsibly, by the influence of a second wife, make a long lease at a low rent to or in trust for the children of such second wife, of that half of the land which I intend should be a provision for their present children by their first wife, my will is, that one-half of the land shall go to their present respective children, the survivors and survivor of them, free, clear and discharged of all debts, incumbrances or leases above seven years from their deaths." Held, that George Mahon took an estate for life in one-sixth of the lands of M., with remainder to his children living at the date of the will, for their lives, subject to a power of distribution by George, with remainder to George in quasi tail, and that he took an immediate estate in quasi tail in another one-third. That Elizabeth, the testator's widow, took an estate for life in another one-third, with remainder to the testator's son John in quasi tail, with remainder to the testator's sons George and Joseph as tenants in common in quasi tail, with cross remainders between them, with remainder to J. F. in quasi tail, and that Joseph took an estate in quasi tail in the remaining one-third. 568 COMMON LAW REPORTS. " made, or supposed to be made, by me :-I leave my son George " Mahon one third undivided part of my freehold in said MullaghÂÂ" Berg, and also my freehold in the parish of Tullaghbegley, and " also of my holding in Mullaghduff, of which last a lease for " lives is promised by the agent of Lord Conyngliam, for ever, " with power to him to bequeath the same to his lawful heirs male " or female in such proportions as he shall think proper, hereby " however binding and obliging him to leave one-half of the said " lands to his present children by his late wife, or to the survivors "or survivor of them in such divisions or shares as he shall please; " and with the other half he may make provisions for a future " wife and her issue in such portions as he shall think proper. "I leave to my son Joseph Mahon another one third undivided "part of the above lands, and to his heirs for ever, male or female, " with power to him to divide the same among them in such shares " as he shall think proper, binding him as above in the case of the "death of his present wife, and that if he should marry again to "leave one-half of his land to the children of his present wife in " such divisions as he pleases. And to my wife Elizabeth Mahon I " leave the remaining third undivided part of the above lands during "her life, in full hope and trust that she and my son John will...