The Estate of Charles J. Moore, Deceased; J. Moore, Petitioner

• Jurisdiction: Ireland
• Judgment Date: 07 August 1887
• Date: 07 August 1887
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

Monroe, J.

IN THE MATTER OF THE ESTATE OF CHARLES J. MOORE, DECEASED; J. MOORE,

PETITIONER.

Phillips v. GutteridgeENR 3 De G. J. & S. 332; 32 L. J. Ch. 1.

Bell v. Bell Ir. R. 6 Eq. 239.

Pepper's TrustsUNK 13 L. R. Ir. 108.

Birch v. SherrattELR L. R. 2 Ch. App. 644.

Mason v. RobinsonELR 8 Ch. D. 411.

Phillips v. GutteridgeENR 3 De G. J. & S. 332.

Stelfox v. SugdenENR Johns. 234.

Carter v. Salt Ir. R. 1 Eq. 97.

Stelfox v. SugdenENR Johns. 234.

Will — Gift of annuity out of "rents and profits" — Bequest of leaseholds "subject thereto" — Charge on corpus.

n%.] CHANCERY DIVISION.' 365 between the provisions of the two instruments is this-that in the Monroe, J. event of her dying unmarried, she is precluded from making a dis- . 1887n re position of her share, which, if she did make it, would, in ninety- p ATTERSB/IS nine cases out of a hundred, be the same as that contained in the ESTATE. father's will, viz. an equal distribution among the surviving memÂbers of the family. In my opinion, there is not enough in this case to rebut the presumption against double portions, and I allow the owner's objection; but I give the assignees their costs. Solicitors for the owner: Messrs. Maxwell Weldon. Solicitors for the petitioner and objector : Messrs. Hallows Hamilton. IN THE MATTER OF THE ESTATE OF CHARLES 3. MOORE, Monroe, J. DECEASED ; J. MOORE, PETITIONER. Will-Gift of annuity out of " rents and profits "-Bequest of leaseholds "subject thereto "-Charge on corpus. Bequest of leaseholds "upon trust, out of the rents and profits of said lands, to pay my just debts, . . . and, subject thereto, upon trust to pay, out of the rents and profits of said lands, to my iine- Jane Moore, during her life, an annuity or yearly renteharge of £150 per annum ; and, subject thereto, I bequeath the said lands of S., upon trust to receive the rennn profits, rtnd to apply the same for the maintenance, &c., of my son," and on his attaining twenty-one, to assign him the lands and accumulations (if any) of the said rents and profits, &c. :- Held, that the annuity was a charge upon the corpus of the leaseholds. CHARLES J. MOORE was entitled to certain leasehold lands, called Sneeogue, in the county Meath, being the lands for sale in this matter. By his will, bearing date the 28th March, 1883, he bequeathed these lands to his executrixes and executor " upon trust, out of the rents and profits of the said lands, to pay my just debts and...