Rye v Rye

• Jurisdiction: Ireland
• Judgment Date: 24 July 1878
• Date: 24 July 1878
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

RYE

and

RYE.

Bythesea v. Bythesea 23 L. J. Ch. (N. S.) 1004.

Abbott v. MiddletonENR 7 H. L. C. 68, 89.

Key v. KeyENR 4 De G. M. & G. 73.

Woodcock v. The Duke of Dorset 3 Br. C. C. 569.

Hope v. Clifden 6 Ves. 499.

Langston v. LangstonENR 2 Cl. & Fin. 194.

Parker v. TootalENR 11 H. L. C. 143.

Jackson v. DoverENR 2 H. & M. 209.

In re Daniel's SettlementELR 1 Ch. D. 375.

Sweeting v. PrideauxELR 2 Ch. D. 413.

Towns v. WentworthENR 11 Moo. P. C. 526.

Greenwood v. GreenwoodELR 5 Ch. D. 954.

Redfern v. BryningELR 6 Ch. D. 133.

Smith v. CrabtreeELR 6 Ch. D. 591.

Surtees v. HopkinsonELR L. R. 4 Eq. 98.

Simpson v. Frew 4 Ir. Ch. R. 428; 5 Ir. Ch. R. 517.

Bold v. Hutchinson 5 De G. M. G. 558.

King v. King-Harman I. R. 7 Eq. 446.

Key v. Key 4 De G. M. G. 73.

Abbott v. MiddletonENR 7 H. L. C. 68.

Settlement Construction Portions "Such" child Presumed intention to provide for all children of the marriage.

Vo r.. L] CHANCERY DIVISION. 413 RYE v. RYE. V. C. 1878. Settlement--Constru,ction-Portions-" Such" child-Presumed intention to provide for all children of the marriage. July 24. By marriage settlement, portions for daughters and younger sons, varying in amount according to the number of such children, and subject to a power of appointment in the father, were directed to be raised in certain specified events; amongst others, in case there should be a son taking the settled estate, and only one other child, a daughter, and such daughter should attain twenty-one or marry, a sum of 6000 was made raisable for her. In some of the events, also provided for by preceding clauses, the portions were directed to be raised for the daughters or younger sons " who should " attain twenty-one or marry ; and in others the portions were expressed to be raisable in case there should be the number of daughters and younger sons mentioned, and " such" children should attain twenty-one or marry. The power of appointment reserved to the father, and the trust, in default of appointment, of the sum or sums to be raised, were in terms applicable to all the children of the marriage other than an eldest or only son, their interest to become vested at twenty-one, or, in the case of daughters, upon marriage under that age. There were issue of the marriage an eldest son, and a daughter, both of whom attained twenty-one, and two other children who died under that age unmarried. Held, that the sum of 6000 was raisable for the daughter under the above clause, the words " and such daughter " being construed as " who." A marriage settlement, from the very nature of the instrument, imports an intention to provide for all the children of the marriage. Held also, that, in the present case, a paramount intention was manifested to provide for every child who should live to require a portion-the amount of the provision in each case to be dependent on the number of children attaining vested interests. By antenuptial settlement, dated the 29th of December, 1845, Richard Tonson Rye conveyed to trustees certain lands and preÂÂmises to the use of the said R. T. Rye for life, and, after his death, subject to a jointure for his wife Mary, and a trust term of 500' years, to the use of the first and other sons of the marriage sucÂÂcessively in tail male, and, on failure of such issue, to the use of R. T. Rye in fee. The trusts of the term of 500 years were deÂÂclared to be in the first place to secure the jointure, and, subject thereto, upon further trust, subject to the direction in writing of 414 LAN REPORTS (IRELAND). [L. It. I. V. C. the said R. T. Rye during his lifetime, and, after his death, on 1878. the authority of the trustees or trustee for the time being of the RYE term, to raise and levy-v. RYE. " In case there shall be an eldest son of the said intended marriage who shall attain the age of twenty-one years, or who, dying before attaining that age, shall leave at the time of his death an heir male of his body him surviving, and one only other child thereof, being a son who shall attain the age of twenty-one years, the sum of 10,000; or in case there shall be no son of the said intended marriage, or there being a soh and such son shall die before the age of twenty-one years without leaving at the time of his death an heir male of his body him surviving ; and there shall be one or more daughters of the said intended marriage who shall attain the said age, or be married with the consent of her or their parents or guardians, the like sum of 10,000. And in case there shall be only one son of said marriage who shall attain the age of twenty-one years, or, dying under that age, shall at the time of his death leave an heir male of his body him surviving as aforesaid, and sLayoneother child thereof, being a daughter, besides and in addition to such only son as aforesaid, and such daughter shall attain the age of twenty-one, or be married with such consent as aforesaid, the sum of 6000 only. Or, in case there shall be such one son of said marriage, and only two other children thereof, being daughters, besides such son as aforesaid, and such daughters shall attain the age of twenty-one, or be married with...