Spring v Stephenson

• Jurisdiction: Ireland
• Judgment Date: 20 November 1850
• Date: 20 November 1850
• Court: High Court of Chancery (Ireland)

Chancery.

SPRING

and

STEPHENSON.

Berry v. Askham 2 Ver. 26.

Green v. BelcherENR 1 Atk. 505.

Baines v. DixonENR 1 Ves. sen. 42.

Shrewsbury v. Shrewsbury 1 Ves. jun. 234.

Bootle v. BlundellENR 1 Mer. 233.

Sheldon v. Dormer 2 Ver. 310.

Trafford v. AshtonENR 1 P. Wms. 415.

Allan v. BackhouseENR 2 V. & B. 65.

Okeden v. OkedenENR 1 Atk. 550.

Lowe v. Lord Huntingtower 4 Rus. 532, n.

Farmer v. MillsENR 4 Russ. 86.

Gibson v. Rogers Ambl. 93.

Wroughton v. Colquhoun 1 De Gr. & Sm. 36.

Gibson v. Lord MontfordENR 1 Ves. sen. 490.

Allan v. BackhouseENR 2 V. & B. 65.

Evelyn v. EvelynENR 2 P. Wms. 659.

Mills v. BanksENR 3 P. Wms. 1.

Wilson v. Halliley 1 R. & Myl. 590.

Small v. Wing 3 Bro. P. C. Toml. ed. 66.

Foster v. SmithENR 1 Phil. 629.

Taylor v. Emerson 4 Dru. & War. 117.

Heneage v. Lord AndoverENR 10 Price, 230; S. C. 3 Y. & Jer. 360.

Corbett v. MaydwellENR 1 Salk. 159; S. C. 2 Verm. 640; Eq. Cas. Ab. 337, pl. 5; 3 Chan. Rep. 191.

Conyngham v. ConynghamENR 1 Ves. sen. 522.

Codrington v. Foley 6 Ves. 364.

Stone v. TheedENR 2 Bro. C. C. 242.

Earl of Shaftesbury v. Duke of Marlborough 2 M. & K. 111.

Anderson v. WallisENRENR 4 Y. & C. Exch. 336, affd. 1 Phil. 202.

Buckeridge v. Glasse Cr. & Phil. 126.

Allan v. BackhouseENR 2 V. & B. 65.

Trafford v. AshtonENR 1 P. Wms. 415.

Evelyn v. EvelynENR 2 P. Wms. 659.

The Earl of Rivers v. Lord DerbyENR 2 Vern. 72.

Heneage v. Lord Andover 10 Prince, 230; S. C. 3 Y. & Jer. 360.

Ivie v. GilbertENRENR 2 P. Wms. 13; S. C. Prec. Chan. 583; 2 Bro. P. C. 463.

132 CHANCERY REPORTS. 1850. Chancery. SPRING v. STEPHENSON. (Chancery.) Nov. 8, 20. Devise of JOHN UPTON the elder, being entitled to the lands of Ashgrove under Blackacre, subject to the a lease for three lives, with a covenant for perpetual renewal, by debts of testa tor, to trustees his will, bearing date the 2nd of February 1834, devised those lands upon trust, out of the " rents" to trustees upon trust in the first place to pay his just debts and and "issues," to pay to his funeral expenses ; and after payment thereof, upon this trust, that three nieces sum a of 1000 out of the rents, issues* of those lands, to pay, with interest at the at twenty-one rate of 6 per cent. per annum from the day of his decease, to his or marriage, whichever three nieces, Elizabeth, Catherine and Frances, daughters of his should first happen, with brother Giles Upton, the sum of 1000, to be paid on attaining interest from the period of the age of twenty-one years or day of marriage, whichever should his death; and in case they first happen ; and the interest or proceeds thereof in the meantime should all die before twenty- to be paid and applied towards their maintenance, clothing and one or mar riage, he gave education ; and in case either of them should die before attaining that sum to his nephew. The twenty-one years or marriage, then that the part and share of the testator next person so dying, of and in the same sum of 1000, should go to and bequeathed certain annui- bepaid to the survivor or survivors of them at the time aforesaid, ties, which he directed to be as an addition to her or their portions, or portion-the same to be paid out of the " rents, issues equally divided among them if more than one, share and share and profits" of Blackacre, and gave the annuitants powers of distress and entry. He next devised (" after payÂÂment of the legacies and bequests aforesaid" ) Blackacre, and all other his real and personal estate, subject to payment of his debts, legacies, &c., to the same trustees upon trust to pay 40 annually for the maintenance of his nephew during minority, and directed the investment during that time of the surplus " rents, issues, proceeds and profits," such surplus to be paid over to him on his attaining twenty-one ; from which time the testator directed the trustees to permit his nephew during his life to receive the " rents, issues and profits" of Blackacre, and the other real and personal estate, with power to jointure, and with remainder over in strict settlement to his (the nephew's) issue. At the date of the will the nephew was nineteen years of age, and the nieces were respectively sixteen, twelve and ten years of age. The testator left personalty to the value of 800. Held, that the sum of 1000, bequeathed to the nieces, might be raised by sale of Blackacre, and was not charged upon the annual rents only. * Sic in the original will, which was very inaccurately penned. alike ; and if but one, then the same to be paid to such survivor at the time aforesaid ; and in case they should all happen to die before twenty-one or marriage, then upon trust for their brother (the testator's nephew) John Upton the younger. The testator then directed the trustees to pay or permit Edward Upton to receive out of the rents, issues and profits of Ashgrove an annuity of 40 (by a codicil reduced to 30 per annum) during his life, with powers of distress and right of entry to secure same. He next bequeathed an annuity of 10, upon certain conditions, to Catherine Lyons for life, also to be paid out of the rents, issues and profits of Ashgrove, with similar powers of distress and entry. The testator next devised, " after payment of the said legacies and bequests as aforesaid," the same lands...