Spearing v Hawkes

• Jurisdiction: Ireland
• Judgment Date: 07 May 1857
• Date: 07 May 1857
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

SPEARING

and

HAWKES.

Maitland v. Adair 3 Ves. 231.

Goodright d. Buckinghamshire v. DownshireENR 2 Bos. & Pul. 600.

Huxtep v. BroomanENR 1 Bro., C. C., 437.

Davenport v. ColtmanENR 9 M. & W. 481.

Patterson v. HuddardENR 17 Beav. 210.

Re Greenwich Hospital Improvement ActENR 20 Beav. 458.

Maitland v. Adair 3 Ves. 231.

Coard v. HoldernessENR 20 Beav. 147.

Kellett v. Kellett 1 Ba. & Bea. 533.

Maitland v. Adair 3 Ves. 230.

Bacon v. CosbyENR 4 De G. & S. 261.

Strong v. TeateENRENR 2 Burr. 912; S. C., 3 Bro., P. C., 219 (Toml. ed.)

Roe v. AvisENR 4 T. R. 605.

Church v. Mundy 12 Ves. 426.

CHANCERY REPORTS. 297 1857. Ch. Appeal. Court of iipprai in aanferp. SPEARING- v. HAWKES. May 6, 7. By an indenture, bearing date the 9th of April 1763, Edward Riggs J., seised for lives renewa- ble for ever, of demised to Thomas West certain parts of the lands of Knockane- the reversion more, called the Race-field, and Gortnamuck, for 99 years, at a rent expectant on a term of 99 of 45 per annum, of the then currency. years, in the dsan l In 1793, John Hawkes purchased the reversion of the lands by deed, , of ed, G. dated demised by the above-mentioned lease, for an estate for lives renew- of the 16th March 1797, Hawkes able for ever. On the occasion of the marriae of William awkes - g settled , his in terest in G. son of the said John Hawkes, by an indenture, dated the 18th of upon W. for life, with re March 1797, the said John Hawkes conveyed his interest in the mainders over, with the ultiÂÂsame lands, to the use of the said William Hawkes, for life, with mate reversion to himself in remainder to his issue by his then intended marriage, as therein fee. On the 20th of May mentioned, with remainder to John Hawkes absolutely. There 1797, made his will, and never was any issue of the said then intended marriage of William thereby Hawkes. devi- H sed " what- ever residue mi remain John Hawkes made his will, dated the 20th of May 1797, and hil hisht fortune, thereby gave to trustees various denominations of his real estate, undisposed of by his will," upon limitations for the benefit of several of his children; and, equally amongst all amongst others, he gave to his eldest son and his heirs the undivided his children, sons and parts of Knockanemore, which he had purchased from E. R. White, daughters. J. made a codicil and which did not include Gortnamuck ; and lie bequeathed unto in 1802, red- ting his son William Hawkes his term and interest in that part of the was it that his inten- tion lands of Knockanemore called the Race-field. Then after certain d have , to divided the re sidue of his fortune between his wife and all his children ; but that he had since considered that it would be " great ease " to his wife to leave to his children specific sums, instead of their respective shares of the residue of his fortune ; and he thereby bequeathed to his children specific sums, " in lieu and stead of all residue of his fortune ; " and, after payment thereof, lie left and bequeathed the rest and remainder of all such residue to his wile. All the limitations in the settlement of 1797, prior to J.'s reversion, were exÂÂhausted after the death of J.-Held, that J.'s interest in the lands of G. passed by the residuary devise in the codicil. The word " fortune " in a devise prima facie includes both real and personal property. 298 CHANCERY REPORTS. 1857. other provisions, he gave legacies of 1000 each to two of his Ch. Appeal. daughters, and proceeded :-" And it is my will that my said daugh SPE ARING ters Sarah Hawkes and Mary Hawkes shall be entitled to legal v. HAWKE S. interest for their respective legacies from the day of my decease, and that their respective legacies shall be paid out of the residue of Statement. my personal fortune not hereinbefore specifically devised ; and that, if it should prove insufficient, I do hereby charge and incumber all and singular the aforesaid lands and premises, hereinbefore beÂÂqueathed, to and to the use of my said two sons, with the payment of the aforesaid legacies." After several such legacies, the will then proceeded :-" Whatever residue may remain of my fortune undisÂÂposed of by this my will, I leave equally between all my children, sons and daughters, share and share alike." John Hawkes executed a codicil to this will, dated the 23rd of January 1802. This codicil commenced with the following reciÂÂtal :-" Whereas, in and by my said will, I omitted to dispose of my interest in the lands of Cloorahan, in the county of Clare, in houses I have in the Mall, now called the Grand Parade, and a turret and garden in Friars'-walk, Cork :" and he then proceeded to devise these lands to his wife Bridget Hawkes " during her life, or so many years as she shall live," with remainder over to Samuel Hawkes. He then gave a small legacy, and devised a particular denomination, and then proceeded :-"...