Sealy v Stawell

• Jurisdiction: Ireland
• Judgment Date: 13 January 1868
• Date: 13 January 1868
• Court: Rolls Court (Ireland)

Rolls.

SEALY

and

STAWELL.

Chute v. Busteed 16 Ir. C. L. Rep. 222.

Hall v. Hall 11 Ir. Jur. N. S. 244.

Brown v. AmyottENR 3 Hare, 184.

Beer v. BeerENR 12 C. B. 60.

In re Clulou's EsatesENR 3 K. & J. 690.

Hinchliffe v. Hinchcliffe 3 Ves. 519.

Wallace v. Pomfret 11 Ves. 542.

Price v. BlakemoreENR 6 Beav. 507.

Sowden v. Sowden 1 Br. C. C. 582.

Mathias v. MathiasENR 2 Sm. & G. 552.

Wilcocks v. WilcocksUNK 2 W. & T. L. C. 370.

Fosbrooke v. Balguy 1 M. & K. 326.

Streatfield v. SteatfieldUNK 1 W. & T. L. C. 83.

Talbot v. The Earl of Radnor 3 M. & K. 254.

Warren v. RudallENR 1 J. & H. 1.

Fairtlough v. JohnstonUNK 16 Ir. Ch. Rep. 242.

Dowson v. GaskoinENR 2 keen, 14.

Strong v. IngramENR 6 Sim. 197.

Bonner v. Bonner 13 Ves. 378.

Kendall v. KendallENR 4 Russ. 360.

Hewit v. Bredin 10 Ir. Jur. N. S. 85.

White v. Evans 4 Ves. 21.

Brroke v. TurnerENR 7 Sim. 671.

Manning v. Purcell 7 D. M. & G. 55.

Andrew v. Trinity Hall 9 Ves. 515.

Mullins v. SmithENR 1 Dr. & Sm. 204.

Seale v. SealeENR 1 P. Wms. 290.

Blackburn v. StablesENR 2 V. & B. 367.

Meredith v. HeneageENR 1 Sim. 556.

Graves v. HicksENR 11 Sim. 526.

Jervoise v. The Duke of Northumberland 1 J. & W. 559.

Greaves v. Simpson 10 Jur. N. S. 609.

Harcourt v. MorganENR 2 Keen, 274.

Mercer v. O'ReillyUNK 13 Ir. C. L. R. 153.

UNK See Chute v. Busteed, 16 Ir. C. L. R. 222.

Hall v. Hall 11 Ir. Jur. N. S. 244.

Hall v. Hall See the Cases collected, 1 Wms. on Executors.

ENR Brown v. Amyott, 3 Hare, 184.

Sections 12, 13, 41, 42.

Harcourt v. MorganENR 2 Keen, 274.

Jervoise v. The Duke of NorthumberlandENR 1 Jac. & W. 559.

ENR ENR See Graves v. Hicks, 11 Sim. 548; Woolmore v. Burrowes, 1 Sim. 512; Tennant v. Tennant, Dru. 172-3.

Blackburn v. Staples 2 Ves. & B. 361.

Britton v. TwiningENR 3 Mer. 176.

Rochfort v. Fitzmaurice 2 Dru. & War. 29.

Forth v. ChapmanENR 1 P. Wms. 663.

See Hawkins on Wills, 216; see, also, Graves v. Simpson, 10 Jur. N. S. 609.

Devise — Arrears of Rent — Apportionment — Landlord and Tenant Law Amendment Act, 1860, s. 49 — Personal Estate directed to be laid out in Land — Dedication of Lands of Trust — Lien on Estate of Trustee — Direction for payment of Legacies out of a particualr Fund — Bequest of Mortgage Debt, whether it passed interest due or not — Deposit Receipts — Property at Interest — Money — Executory Trust — Estate Tail, or for Life.

326 THE IRISH REPORTS. SEALY v. STAWELL. Desise_Arrears of Rent-Apportionment-Landlord and Tenant Law Amend-mend Act, 1860, s. 49-Personal Estate directed to be laid out in Land-DeÂÂdication of Lands to Trust-Lien on Estate of Trustee-Direction forpayment of Legacies out of a particular Fund_Beguest of Mortgage Debt, whether it passed interest due or not-Deposit Receipts-Property at Interest-Money.- Executory Trust-Estate Tail, or for Life. A tenant for life of an estate devised to the remainderman " said property, with all rent and arrears of rent due on the said property," at his death. Held, that the apportioned part of the gales accruing at the testator's death was included in the bequest. Rents reserved on leases or contracts, prior to the " Landlord and Tenant Law Amendment Act (Ireland), 1860," are apportionable under the 49th secÂÂtion of that Act. F. S., being absolutely entitled to fee simple and freehold estates and chattels real, devised all his landed property, except that previously disposed of by his will, to his niece S. during her life, and strictly entailed on her eldest son. The will contained no residuary bequest of the personal estate. Held, that there should be no apportionment of the gale of rent which was current at, but due after the death of the testator, but the entire gale was deÂÂvised to S. Hall v. Hall, 11 Ir. Jur. N. S. examined and considered. A sum of £13,000, Bank Stock, was transferred to a trustee, in trust, to sell and invest the produce in lands, which were to be settled on certain uses and trusts. F. S., the administrator of the trustee, laid out £38,650 in the purchase of lands, which were conveyed to him absolutely. The price of the stock at the time of the purchase -was £23,630. By a subsequent deed, reciting the purÂÂchase of the lands thereby conveyed, and of other lands also therein mentioned, and that a portion of the purchase money of the said several estates, lands, and premises consisted of the £13,000, Bank Stock, and that the said lands were conveyed to F. S., in pursuance and part performance of the trusts declared of the stock, and that F. S. was desirous of fully performing the trusts by conÂÂveying the said several lands to the said trusts ; F. S. conveyed part of the purchased lands accordingly. The entire value of the stock was not repreÂÂsented by the lands so conveyed. Held, that there was no dedication to the trusts of any other lands than those actually conveyed by the trust deed. Held, also, that there was no lien in favour of the persons entitled to the trust estate, on the other purchased lands, and that their claim was simply that of creditors on foot of a breach of trust. EQUITY SERIES. 327 F. S. bequeathed as follows :-" Whereas I am seised of a life estate in K. Rolls. house and demesne, which passes after my death to W. S., I will and bequeath 1867-8. to him the house, furniture, books, plate, and so forth, as left by my late aunt, C. S. ; also the sheep, mulch cows, together with the hay and corn on the pre- SEALY raises," reserving certain pictures. STAWELL. Held, that the bequest was confined to everything at K. of a permanent nature, such as furniture, 'books, and plate, whether left by C. S., or acquired by himself ; and did not include articles necessarily liable to be parted with or consumed, or any property on the farm acquired by himself, except the sheep, &c., expressly mentioned. F. S. bequeathed a number of pecuniary legacies in different parts of his will, and directed that " all the foregoing legacies" should be paid out of his funded property. Held, that all the preceding legacies, and not those only which immediately preceded, were payable out of the funded property, but that subsequent legaÂÂcies were payable out of the general residue. By a codicil, F. S., after stating that he had forgotten W. F. S. in his will, left him £500, to be paid by his executors at the same time with the legatees named in his will. Held, a general legacy, payable out of the residue. The testator gave his property at interest to A. S. for life, and strictly enÂÂtailed on her eldest son, J. S. ; and he gave to J. S. the interest of £10,000, secured by judgment from the time of his decease, the principal being strictly entailed as the other properties in the will, which were devised and bequeathed to A. S. for life. Held, that J. S. was entitled to the first gale of interest due at the testator's death, though part of it accrued in his lifetime. The testator gave £10,000 to W. A. S., thus-" £8000 sterling on mortgage on the R. property, and £2000 out of my funded property." Held, that the interest due on the mortgage was not given. The testator gave his property at interest and in the funds to A. S., and he left to his executors any cash or bank notes in his drawer in the study, or in his drawing-room; and by a codicil he left to the servants living with him at his death one year's wages each, and stated that he left in his drawer in the study money to pay servants, and any surplus over he left to his executors. Held, 1. That deposit receipts passed to A. S. as property at interest. 2. There being no cash in the study drawer or drawing-room, that the bank post bills and cheques went to the executors for their own benefit, subject to the payment of the servants' wages. The testator beqeathed all his landed property, together with property at interest and in the funds, to A. S., during her life, and strictly entailed on her eldest son, J. S., and on his failure of issue by marriage, to his brother, W. A. S. ; and on his failure of issue, to their sister, E. S. In case A. S. should have no further male issue, and in case all said children should die without leaving 328 THE IRISH REPORTS. lawful issue, the said properties to revert to the heirs, executors, Sac., of A. S. To his nephew, J. S., the eldest son of A. S., he bequeathed the interest of a judgment for 110,000, from the time of his decease, " the principal being strictly entailed as the other properties in this will." Semble, J. S. does not take the £10,000 absolutely. WILLIAM STAWELL, being seised in fee of a large estate in Cork, and possessed of personal estate of considerable value, made his will, dated the 20th of April, 1822, by which he devised real estates in trust for his wife, Catherine Stawell, for life, with reÂÂmainder to James Ludlow Stawell for life, with remainder to the first and other sons of J. L. Stawell in tail, remainder to the Rev. Francis Stawell for life, remainder to the first and other sons of the said F. Stawell in tail, with several remainders over, none of which took effect. The testator bequeathed his personal estate to his wife, " having every reliance and confidence in her that she will dispose of it agreeably to what she knows to be my wishes ;" and he appointed his wife and nephew, J. L. Stawell, executors. William Stawell died on the 17th of February, 1830, and the will was proved by the executors. By an indenture dated the 28th of April, 1830, reciting that a part of the assets of William Stawell, to which Catherine Stawell had become entitled, consisted of a sum of £13,000 Bank of IreÂÂland Stock, and that she was desirous of carrying out the wishes and intentions of her late husband respecting the said Bank Stock, and. had agreed to vest the same in the said James Ludlow Stawell as a trustee, and that the said stock had been transferred to his name, it was declared and agreed by and between the said. Catherine Stawell and J. L. Stawell (who...