The 11 & 12 Vict. C. 68 and God Dard's Trusts Exparte Crawford and Another

• Jurisdiction: Ireland
• Judgment Date: 14 June 1870
• Date: 14 June 1870
• Court: Rolls Court (Ireland)

Rolls.

IN THE MATTER OF THE 11 & 12 VICT. C. 68 AND GOD DARD'S TRUSTS EXPARTE CRAWFORD AND ANOTHER.

Woodcock v. The Duke of Dorset 3 Br. C. C. 569.

Howgrave v. CartierENR 3 V. & B. 79.

King v. Hake 9 Ves. 438.

Swallow v. BinnsENR 1 K. & J. 417.

Skipper v. KingENR 12 Beav. 29.

Whatford v. Moore 3 M. & Cr. 270.

Howard's Trusts 7 Ir. Ch. R. 344.

Kimberly v. Tew 4 Dr. & War. 139.

Torres v. FrancoENR 1 Russ. & M. 649.

Perfect v. Lord CursonUNK 5 Mad. 445.

Jeffery v. Jeffery,ENR 17 Sim. 26.

Fitzgerald v. FieldENR 1 Russ. 430.

Hotchkin v. HumfreyUNK 2 Mad. 65.

Swallow v. BinnsENR 1 K. & J. 426-8.

Fitzgerald v. FieldENR 1 Russ. 450.

Hotchkin v. HumfreyUNK 2 Mad. 65, 72.

Settlement — Construction — Vesting of Portions.

14 TIIE IRISH REPORTS. [I. R. Rolls. 1870. May 18. June 14. IN 'THE MATTER. OF THE 11 & 12 VIOP. C. 68 AND GODÂÂÂDARD'S TRUSTS EXPARTE CRAWFORD AND ANO THER. Settlement-Construction--Vesting of Portions. Where by a Settlement portions are provided for the children of the marÂÂÂriage, not raisable until after the death of both parents, but with a power to the father to appoint among all the children ; and the portions have actually become raisable, by reason of some of the children surviving both parents ; a child, to whom the father appointed a share, who survived the father, but pre-deceased the mother, is entitled to the share appointed, unless the Settlement, consistently throughout all its clauses, manifests an intention to the contrary. Distinction between Swallow v. Binns, 1 K. & J. 417, and Hotehkin v. Humphry, 2 Madd. 65. MR. Ormsby, Q. C., and Mr. Bruce, for the Petitioners, cited . -Woodcock v. The Duke of Dorset (1) ; Howgrave v. Cartier (2) ; King v. Hake (3) ; Swallow v. Binns (4); Skipper v. King (5); Whatford v. Moore (6) ; Howard's Trusts (7) ; Kimberly v. Tew (8) Torres v. Franco (9) ; Perfect v. Lord Curzon (10). Mr. Pilkington, Q. C. and Mr. S. Walker, contra, cited Woodcock v. The Duke of Dorset (1) ; Whatford v. Moore (11); Swallow v. Binns (4) ; Jeffery v. Jeffery, (12) ; Fitzgerald v. Field (13) ; Hotchkin v. Humfrey (14). The arguments, facts, and provisions of the settlement on the construction of which the questions in this case arose, are fully disÂÂÂclosed in the judgment. (1) 3 Br. C. C. 569. (8) 4 Dr. & War. 139. (2) 3 V. & B. 79. (9) 1 Russ. & M. 649. (3) 9 Ves.438. (10) 5 Mad. 445. (4) 1 K. & J. 417. (11) 3 M. & Cr. 270. (5) 12 Beay. 29. (12) 17 Sim. 26. (6) 3 M. & Cr. 270. (13) 1 Russ. 430. (7) 7 Ir. Ch. R. 344. (14) 2 Mad. 65. Vol,. V.] EQUITY SERIES. 15 THE MASTER OF THE ROLLS : - Rolls. In this matter of Goddard's Trusts a question has arisen as to 1870. who are the persons entitled to a sum of £1938 4s. 6d. Govern- In re ment New Three per Cent. stock brought into Court, " In the GODDARD RUSTS.'S matter of the 11 and 12 Viet. c. 68, and the trusts of the marriage settlement of James Goddard and Matilda Goddard, dated the 7th of December, 1826, in relation to a sum of £7000 therein menÂÂÂtioned." By that settlement, dated the 7th of December, 1826, which was executed in contemplation of a marriage between James Goddard and Matilda Ferguson, afterwards his wife, and made between the said James Goddard of the first part, John Stevenson Ferguson and Matilda, his daughter, of the second part, and James Crawford and William Henry Rainey (named as trustees) of the third part, after reciting the intended marriage, and that it had been agreed by the said John S. Ferguson that he, his heirs, executors, and administrators would pay to James Goddard during the joint lives of him and Matilda, his intended wife, and to the survivor of them for life, an annuity of £400, and that he, John S. Ferguson, had further agreed to pay and secure to the issue (if any) of the said marriage, the sum of £7000, to be raised, paid, and secured to and for the said issue in the manner and at the time thereÂÂÂinafter particularly mentioned. The said John S. Ferguson " in consideration of said intended marriage, and in order to make proÂÂÂvision of maintenance for the said James Goddard and Matilda Ferguson for their joint lives, and the life of the survivor of them, and for the purpose of making a provision for the issue of said intended marriage," assigned the lands and premises therein speÂÂÂcified, to the said J. Crawford and W. H. Rainey, and their heirs in trust, to secure the payment of the said annuity of £400 before mentioned, and "upon this further trust, from and immediately after the decease of the survivor of them, the said James Goddard and Matilda Ferguson leaving issue of said intended marriage, or in case the said Matilda Ferguson shall...