Stubbs, Re Russell v Le Bert

• Jurisdiction: Ireland
• Judgment Date: 11 November 1895
• Docket Number: (1895. No. 680.)
• Date: 11 November 1895
• Court: High Court

In re Stubbs.

Russell

and

Le Bert and Others

M.R.

(1895. No. 680.)

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.

1896.

Practice — Originating summons — Service out of the jurisdiction — Gen. Ord. XI., R. S. C. (Ireland), 1891 — Jurisdiction.

By marriage settlement executed in Ireland landed property in Dublin was vested in trustees upon certain trusts. The settlement contained a power of appointment in favour of the children of the marriage. Personalty outside the jurisdiction subsequently became vested in the trustees, subject to the trusts and provisions of the settlement, and was, by deed poll executed in England, appointed by the husband and wife in favour of two of the children of the marriage. One of the trustees residing in Ireland brought an originating summons to have it determined whether the appointment was a valid exercise of the power or not. The other trustee, and all the children of the marriage whose addresses were known, were named as defendants. They all resided in England. The beneficiaries under the settlement applied to set aside an order giving liberty to issue and serve the originating summons on them in England:—

Held, that the Court had power to allow service out of the jurisdiction.

Summons.

By a settlement, dated 17th April, 1861, and executed on the marriage of the Rev. Warden Stubbs and Jane Stubbs (then Jane Russell) certain hereditaments in the city of Dublin were vested in trustees upon trust after the said marriage for the separate use of Jane Stubbs for life, and after her decease for Warden Stubbs for life, and after the decease of the survivor for the use of the child or children of the marriage as Jane Stubbs should appoint, and in default of such appointment as Warden Stubbs should appoint, and in default of such appointment in trust for the child or children as therein provided; and in the event of there being no child living at the death of the survivor of the husband and wife, then upon trust for the appointees by will of Jane Stubbs, and in default thereof for her right heirs.

The settlement was executed in Dublin, and the only property thereby settled consisted of hereditaments in the city of Dublin. It gave a power to the trustees, with the consent of Warden Stubbs or his wife if she survived him, to sell the hereditaments and invest the proceeds in Government security or in certain other investments therein prescribed.

Under the provisions of the will of the Honorable Elizabeth Esther Russell and a decree of the Right Honorable the Master of the Rolls, dated 5th July, 1894, and the provisions of an indenture, dated 25th May, 1895, certain sums of £3000 3 per cent. Portuguese Bonds and 8700 dollars Alabama State Bonds, Class A, were vested in the Rev. John Digby Russell and the Rev. George Antonius Le Bert as trustees upon the trusts and with and subject to the powers and provisions declared and comprised by and in the settlement of the 17th April, 1861, in reference to the hereditaments thereby settled...