Rudd v Rudd

• Jurisdiction: Ireland
• Judgment Date: 05 July 1894
• Date: 05 July 1894
• Court: Court of Appeal (Ireland)

Rudd

and

Rudd (1).

Appeal.

CASES

DETERMINED BY

THE CHANCERY AND PROBATE DIVISIONS

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE COURT OF BANKRUPTCY IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1895.

Will — Advancement clause — Statute of Limitations.

A testator bequeathed the residue of his property to trustees, upon trust to sell his interest in the lands of C., and to call in certain sums of money, and to invest in the funds a sum of £1800 for the benefit of his six daughters, and as each of them should marry with consent of the trustees, or require her portion for the purpose of advancing herself in life, then with the like consent to pay such daughter £300.

The testator died in 1854; the trustees renounced and disclaimed; and administration with the will annexed was granted to the testator's widow.

The plaintiff, one of the daughters, went to Dublin about 1860, and assisted a friend to carry on the business of a milliner. In 1875 the friend, who owned the business, died or retired, and the plaintiff wished to acquire the business, and employed a solicitor, who demanded payment of her share. The share was not paid. In 1885 the plaintiff took a house in Dublin, where she supported herself by setting lodgings, and, in 1891, the house was purchased for her by some friends. She then brought an action to recover her share:—

Held (affirming the decision of the Vice-Chancellor), that the right to receive her share accrued to the plaintiff in 1875, and that her claim was barred by the Statute of Limitations.

Thomas Rudd, by his will, dated the 17th April, 1854, after reciting that he was possessed, and in occupation, of part of the lands of Clone, Tomsallagh, and Clohaston, which he held under the Earl

of Portsmouth, and was entitled to £200 out of the estate of Thomas Rudd, and to £100 due to him by William and Clement Roice, after certain specific bequests, bequeathed as follows:— “As to all the rest residue and remainder of said lands, chattels, moneys, and securities, I leave, devise, and bequeath the same, and every part thereof together with all other property of what nature or kind soever the same may be of which I shall die seized, possessed of, or entitled to, unto my friends, G. C. Roberts, Joseph Haughton, and M. Hinch, and to the survivors and survivor of them, and to their heirs, executors, and administrators of such survivors upon the trusts, and to and for the following uses, intents, and purposes … to sell and dispose of my interest in the lands of Clohaston to the best advantage; and to call in and recover the sums of £200 and £100 due me by Thomas Rudd and William and Clement Roice, respectively, and to invest in the funds the sum of £1800 for the benefit of my six daughters, Elizabeth, Mary, Anne, Catherine, Susan, and Lucy, and as each of my said daughters shall marry with the consent of my said trustees, or require her portion for the purpose of advancing herself in life with like consent and approval, then to pay such daughter so marrying or advancing herself the sum of £300 out of said monies so invested as aforesaid; and should any of my daughters die unmarried then to divide her portion amongst such of my surviving daughters as shall at the time be unmarried, and to apply the annual dividends of said invested money to clothe my said daughters until they shall respectively receive their portion of said principal sum of £1800 so invested as aforesaid.” The testator appointed his son Thomas Rudd his residuary legatee, and G. C. Roberts, J. Haughton, and M. Hinch, trustees and executors of his will.

The testator died on the 16th August, 1854, leaving him surviving his widow, Elizabeth Rudd, his said six daughtors, none of whom were married at the date of his death, and five sons, Thomas (the defendant), Launcelot, and three other sons.

The executors renounced and disclaimed, and letters of administration, with the will annexed, were granted to Elizabeth Rudd, the widow, on the 26th of May, 1855. She entered into possession of Clohaston and the other farms of the deceased, and remained in possession until the majority of Launcelot Rudd. The said lands were never sold, pursuant to the directions of the will, nor was the sum of £1800, or any part thereof ever raised out...