The 11 & 12 Vic., C. 68, and Salter's Trusts

• Jurisdiction: Ireland
• Judgment Date: 06 December 1866
• Date: 06 December 1866
• Court: Rolls Court (Ireland)

Rolls.

In the Matter of the 11 & 12 Vic., c. 68, and SALTER'S TRUSTS.

Walsh v. Walsh 1 Dr. 64.

Clay v. PenningtonENR 8 Sim. 359.

Noble v. Palmer 8 Jur., N. S. 968.

In re SwiftENR 1 Russ. & M. 575.

In re HillaryENR 2 Dr. & Sm. 461.

Ex parte ChambersENR 1 Russ. & M. 577.

176 CHANCERY REPORTS. 1866. trustees of the will), or to the share which L. J. A. Armit would Rolls. take under the appointment actually made, for all the share ap- V. pointed by it should come at one time-on his father's death. I think, BREDIN. therefore, Mr. Armit was bound to settle one-fourth of these sums. Judgment. I am told that the sums making up £4688 were advanced under orders of the Court. If, so, I presume the amount to be settled can be ascertained now ; otherwise there must be a reference to the Master to ascertain the amount bound by the covenant. I do not understand Mr. Armit's Counsel to raise any difficulty as to allowÂing this sum to be taken from the fund in Court, if the settlement binds him to pay it ; though in strictness the sum bound by the covenant, in this view of it, is not part of the money now to bel dealt with. In the Matter of the 11 & 12 Pc.i e. 68, and SALTER'S TRUSTS. CAROLINE SALTER, by a codicil to her will, dated the 13th of May 1861, bequeathed a legacy of £90 to Richard Willis. She died on the 3rd of August 1861, and her executors invested a sum of £84. 10s. in stock, representing the said legacy, and transferred it to the credit of this matter, under the Trustee Relief Act. A petition was presented by Richard Willis, by Emily Evans Willis his mother and guardian, praying that the stock might be transferred to her, for the purpose of expending same in sending the petitioner to his brother in New Zealand, and in procuring an outfit for that purpose. The petition stated that the petitioner's father, the Rev. William Willis, died in 1864, leaving his son, the petitioner, a minor, and six other children ; and leaving for them a very scanty provision, wholly insufficient to educate and place the petitioner and his CHANCERY REPORTS. 177 other children in any profession, or otherwise to advance them in life, in a way at all suitable to their birth. That the petitioner was aged about fourteen years and ten months ; and tliat he intended, with the approval of his mother and guardian...