Synge's Trusts. v

• Jurisdiction: Ireland
• Judgment Date: 16 April 1854
• Date: 16 April 1854
• Court: Rolls Court (Ireland)

Rolls.

In the Matter of SYNGE'S TRUSTS.

and

Wild's caseUNK 6 Rep. 16 a.

Stokes v. HeronENR 12 Cl. & Fin. 161.

Scott v. ScottENR 15 Sim. 47.

Read v. WillisENR 1 Coll. 86.

Doe v. WebberENR 1 B. & Ald. 713.

Doe v. Simpson 3 Man. & Gr. 929.

Hughes v. SayerENR 1 P. Wms. 532.

Pope v. PopeENR 14 Beav. 591.

King v. MellingENR 1 Vent. 231.

Ragget v. BeatyUNK 2 Moo. & P. 512.

Gawler v. CudlyENR Jac. 346.

Buffar v. BradfordENR 2 Atk. 220.

Radcliff v. Binckley 10 Ves. 195.

Lord Orford v. Churchhill 3 Ves. & B. 59.

Sanderson v. Bayley 4 M. & Cr. 56.

Stone v. MauleENR 2 Sim. 490.

Forth v. ChapmanENR 1 P. Wms. 663.

Campbell v. HardingENR 2 Russ. & M. 402.

Tooney v. BassetENR 10 East, 460.

Fitch v. Friend 2 De Gex & Sm. 405.

Moor v. RaisbeckENR 12 Sim. 123.

Needham v. SmithENR 4 Russ. 318.

Doe v. Webber B. & Ald. 720.

Forth v. Chapman P. Wms. 663.

Doe v. Simpson 3 Man. & Gr. 953.

Hughes v. SayerENR 1 P. Wms. 534.

CHANCERY REPORTS. 379 1854. Rolls.' Jan. 18, 19. April 16. THE petition in this case was presented under the Trustee Relief A sum of 1000 was left Act, 11 & 12 of The Queen, c. 68, by Samuel Dawson Hutcheson by a will to Loyd Vaughan, Esq. The question which arose was the construe- eModiVcil, if tion to be put on the will of Elizabeth Synge, and on the 7th and M. V. should be married, 12th codicils thereto, so far as they related to the bequest of a sum and not leave children or of 1000, late currency, to one Martha Vaughan. child alive, the 1000, left by The will of Elizabeth Synge bore date the 21st of May 1816, and the will, was to become the the testatrix thereby, after a bequest to her niece Mary Vaughan of property of B. S. & F. V. 1000, stated :-" I give and devise to Martha Vaughan (her sister) but if M. V. the sum of 1000." " should ever marry, and The 7th codicil to the will was as follows :-" My codicil, this leave a child alive, or chil 13th day of May 1819.-Being, I thank God, in good health and dren, in that case she can sound mind, as I see no sign or likelihood of my niece Martha leave the said 1000 as she Vaughan being married, and time is going fast over her head, I thinks proper, to one or left her 1000 in my will ; if she should be married and not leave amongst any children she children or child alive, that said 1000, left her in my will, is to may have." By a further become the property of my two nephews, Edward Synge, of Glen- codicil, the 1000 was left more, and Francis Synge ; " and after describing her nephews, and " to M. V. ; but if she died where they resided, the codicil proceeded, " 500 to each of the without chil- dren, it was above-named,' after the death of my niece Martha Vaughan ; but if become the to property the said Martha Vaughan should ever marry, and leave a child E. s. & Fof. alive, or children-in that case, she can leave the said 1000, as she M. V. mar ried, and died, thinks proper, to one or amongst any children she may have." The leaving no child, but leav- rest of the codicil was not material to the question which arose. - ing a grand child, the son The 12th codicil commenced thus :-" Though my will and codi- of a deceased daughter, to cils are still in Lady Hutcheson's store-room, in Harcourt-street, so whom she had app the many accidents happen, that I think it right to write this sketch .1000ointed on her marriage.- of my will and codicils, that when it pleases God I die, that those Held, that the bequest was an absolute one to M. V., with an executory bequest over to E. S. and F. S., if she should die without leaving issue living at her death, whether children or remoter issue, which, in the events which had happened, had failed. 380 CHANCERY REPORTS. 1854. I have left my substance to may not be at a loss where to find Rolls. them. I have left," &c. The testatrix stated some of the bequests In re in her will ; and then the 12th codicil proceeded thus :-"I leave SYNGE'S TRUSTS' to my niece Martha Vaughan 1000 ; but if she dies without chil Statement. dren, it is to become the property of, 500 to my nephew Edward Synge, junior, of G lenmore Castle (John Synge's brother), and the other 500 of the 1000 is to become the property of Francis Synge the younger, and son of my nephew George Synge, of Ratlunore." The testatrix, Elizabeth Synge, died on or about the 15th of August 1834, having added other codicils to her will ; but they did not affect the question in the case. Martha Vaughan married John Loyd, Esq., on or about the 25th of May 1822, in the lifetime of the testatrix, but after the execution of the will and codicils. There were two children of the marriage, one who died an inÂÂfant in his father's lifetime, and the...