Robinson v Robinson

• Jurisdiction: Ireland
• Judgment Date: 12 February 1876
• Date: 12 February 1876
• Court: High Court

Rolls.

ROBINSON

and

ROBINSON.

Earl Powlett v. Herbert, 1 Ves. Jun. 297.

Fitzgerald v. Pringle 2 Moll. 534.

Fitzgerald v. Fitzgerald 6 Ir. Ch. R. 145.

Trust fund — Unauthorised investment in land — Decree directing lands to be sold.

'VOL. X.] EQUITY SERIES. 189 21 & 22 Vict. c. 27, ss. 3 and 5 : Boss v. Burke (1) ; and Under- V. C. Court. wood v. Darracobt (No. 2) (2). 1876. POWER THE VICE-CHANCELLOR : V. I do not think your application is within the Act cited. I had WEBBER. occasion to consider this question on a former occasion, and. I then refused an application like the present. In Underwood v. Darraeott the Master of the Rolls founded his jurisdiction on the 3rd section of the 21 & '22 Vict. c. 27, which enables the Court to subpoena witnesses to attend on a trial of questions of fact by a jury before the Court itself ; but the present is not a case of such atrial, nor is it a trial of any question of issues by the Court without s jury. I do not think I have jurisdiction to grant the application. Solicitor for the Plaintiff : Mr. William Lewis. ROBINSON v. ROBINSON. -Trust fund-Unauthorised investment in land-Decree directing lands to be sold. Trustees-authorised by a settlement to lend the trust fund upon such -security as they should think advantageous-laid out a portion of the trust fund in the purchase of lands in fee simple ; an offer having been made to purÂÂchase the lands at a profit, the Court directed the purchase to be completed, and the purchase money to be brought into Court to the credit of the trust. Form of decree in such a case. 1876. Feb. 12. A SETTLEMENT executed on the marriage of the Rev. Archibald Robinson and Charlotte M'William on the 28th of December, 1853, authorised the trustees to lend out a sum of £6850 consols, vested in them, on such security, heritable or moveable, as they should consider advantageous, and to vary the security. There were several children of the marriage who were entitled to the fund after the deaths of their father and mother. In 1855 the original trustees of the settlement, at the instance of Mr. and Mrs. Robinson, invested £1150 in the purchase of a farm held in fee, which was conveyed to the trustees on the trusts (1) Ir. R. 6 Eq. 328. (2) Ir. R. 8 Eq. 348. 190 THE IRISH REPORTS. [I. IL Rolls. of the settlement. The original trustees died, and new trustees: 1876. were appointed by a deed of the 11th of February, 1862. Andrew ROBINSON Armstrong offered to purchase the farm...