The Act of 11 & 12 Vic. c. 68, and the Trusts of the Settlement of WILLIAM ORME, Esq.

• Jurisdiction: Ireland
• Judgment Date: 14 January 1851
• Date: 14 January 1851
• Court: Rolls Court (Ireland)

Rolls.

In the Matter of the Act of 11 & 12 Vic. c. 68, and the Trusts of the Settlement of WILLIAM ORME, Esq.

Vize v. StoneyUNK 1 Dr. & War. 337; S. C. 4 Ir. Eq. Rep. 64.

Hanson v. Graham 6 Ves. 239.

Salmon v. GreenENR 11 Beav. 453

Berkely v. SwinburneENR 6 Sim. 613.

Stephens v. Frost 2 Y. & Col. Exch. 3063.

Harrison v. GrimwoodENR 12 Beav. 192.

Davies v. FisherENR 5 Beav. 201.

Hammond v. Maule 1 Col. 281.

Vawdry v. GeddesENR 1 Russ. & M. 203.

Pulsford v. Hunter 3 Br. C. C. 416.

Batsford v. Kebbel 3 Ves. 362.

Watson v. Hayes 5 M. & Cr. 125.

Bull v. PritchardENR 5 Hare, 567.

Saunders v. VautierENR Cr. & Ph. 240.

Stephens v. Frost 2 Y. & Col. Exch. 306.

Hubert v. ParsonsENR 2 Ves. Sen. 261.

1 M'N. & G. 354.

Stephens v. Frost 2 Y. & Col. Exch. 302.

Vize v. Stoney 1 Dr. & War. 350.

Davies v. FisherENR 5 Beav. 207.

Davies v. Fisher 5 Bev. 207.

Watson v. Hayes 5 M. & Cr. 125.

CHANCERY REPORTS. 175 Charles Coote's suit. Cases (a) have been decided in England on 1850. . the corresponding English Order, calculated to show that he should Rolls have been an answering party, and if so the decree in Coote v. SADLIER v. Whaley does' not affect him. WHALEY. I shall not, however, decide a question not properly before me, Judgment. and which the defendant may, if he thinks fit, set up by his answer. All I decide is, that in my opinion the Master was not right in finding that this suit instituted by Mr. Sadlier and the suit of Sir Charles Coote are for one and the same matter. I shall therefore set aside the report, and declare that the two suits are not for one and the same matter. (a) 2 Hare, 530, 532, 306; Adams v. Painter, 1 Col. 53. In the Matter of the Act of 11 & 12 Vic. c. 68, and the Trusts of the Nov. 30. Settlement of WILLIAM ORME, Esq. 1851. Jan. 14. THE petition in this case was presented by the petitioner Francis A fund was assigned by a Knox Orme, under the provisions of the 11 & 12 Vie. c. 68 (the marriage settlement to trustees upon trust after the death of A to transfer it and all the interest, &c., unto and amongst all and every the child or children of the marriage, or the issue of any such child or children who might happen to be then dead, leaving issue, or to any one or more of such children, or issue of such deceased children, &c., at such age or ages, time or times, and in such parts, shares or proportions, if more than one, and with such maintenance in the meantime, and under and subject to such conditions, restrictions, charges and limitations over (such limitations over being for the benefit of some one of such children) as A by his will, &c., should appoint, and in default of appointment to pay the fund between all the children if more than one of the marriage, and the issue of any children who should be then dead, leaving issue ; and if but one to such one child ; the said fund to be paid, &c., to sons at twenty-one and to daughters at twenty-one or marriage, in case such ages or days should not take place until after the the decease of A; but in case such should happen in his lifetime, then such payment should be postponed until after his decease. A by will appointed the fund to the children of the marriage share and share alike, on their attaining twenty-one or marriage with consent, and directed that the interest should be for their support and maintenance, given in trust to his wife, until the boys entered professions or attained twenty-one, and the girls attained at twenty-one or married with consent. Held 1. That the portions were by the settlement vested in the children before the period of payment. 2. That the provision in the will as to maintenance was of itself sufficient to vest the portions. The rules as to the vesting of portions and legacies are the same. 176 CHANCERY REPORTS. 1850. Act for the Better Securing Trust Funds and for the Relief of Trus Rolls. tees), claiming to have transferred to him the sum of £633. 12s. 9d., In re ORME. £3 per cent. consols, being one-fifth of the sum of £3168. 3s. 9d. consols, transferred under the said Act to the credit of the matter. Statement. The petitioner contended that the said sum of £3168. 3s. 9d. was the' share of Thomas Orme, deceased, in certain personal property, the subject of a marriage settlement of the 13th of March 1826. Thomas Orme died under age and unmarried in the month of November 1846, leaving his mother and a brother and sister of the whole blood, and the petitioner and -William Knox Orme, of the half blood, him surviving, which five persons would each be entitled to one-fifth of the fund in Court, if that fund vested in the said Thomas Orme in his lifetime. And the question in the case was, whether the said sum vested in the said Thomas Orme in his lifeÂtime, he having, as already stated, died under twenty-one and unmarried ? and that question depended on the construction to be put on the settlement executed on the marriage of his father and mother, dated the 13th of March 1826, and the will of his father, William Orme, executed in pursuance of a power contained in that settlement. The petition stated that by indenture bearing date the 14th day of March 1826, and made between William Orme, Esq., since deceased, of the first part, Anne Orme, widow of the said 'William Orme (described in the said indenture as Anne Jackson spinster), of the second part, and Thomas Orme and the Rev. Andrew Jackson, both deceased, of the third part, being the settlement executed in contemplation of the marriage of the said William Orme with Anne Jackson, it was witnessed that, for the considerations therein mentioned, the said Anne Jackson assigned and transferred unto the said Thomas Orme and Andrew Jackson, their executors, adminisÂtrators and assigns, three legacies of £1000, £1500 and £700 therein particularly mentioned, making together £3200, with all interest then due or thereafter to grow due thereon, to hold the same to the said Thomas Orme and Andrew Jackson, their executors, adminisÂtrators and assigns. upon trust, from and after the solemnization of the said intended marriage, to pay and apply the interest and annual proceeds of the said three several legacies, to the said William CHANCERY REPORTS. 177 Orme and his assigns for his life, and immediately after the decease of the said William Orme, then upon trust to " transfer, assign, pay, apply and dispose of the said sum of £3200, and every part thereof, and all the interest, or annual or other profits of the same, unto and amongst all and every the child or, children of the said intended marriage, or the issue of any such child or children who might happen to be then dead, leaving issue, or to any one or more of such children or issue of such deceased children, in exclusion of any other or others of them, at such age, ages, time or times, and in such parts, shares or proportions, if more than one, and with such maintenance in the meantime, and under and subject to such condiÂtions, restrictions, charges and limitations over (such limitations over being for the benefit of some or one of such children or issue) as he the said William Orme by his last will and testament in writing, or by any other writing duly executed by him in the presence of and attested by two or more credible witnesses, should direct or appoint ; and in default of any such direction or appointÂment, or in case of any such being made and the same should not take effect, and should not be a disposition of the whole of the said trust funds and premises, then as to so much thereof, of or concernÂing which no such disposition or appointment shall be made or take effect, upon trust to transfer, assign, pay and dispose of the said trust funds and premises unto, between and amongst all and every the children, if more than one, of the said intended marriage, and the issue of any such children, as shall happen to be then dead, leaving issue, equally to be divided between and amongst them, share and share alike, as tenants in common, and their respective executors, administrators and assigns (provided that such issue of any deceased child or children as aforesaid shall be entitled only to the share or shares which his, her or their father or mother respecÂtively would have been entitled to, if living, such share or shares to be equally divided amongst the issue...