The Estate of John Gore Moore, Owner; v Robert Clarke, Pettioner

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 21 July 1885
• Date: 21 July 1885

Land Judges.

Before FLANAGAN, J.

IN THE MATTER OF THE ESTATE OF JOHN GORE MOORE,

OWNER;

and

ROBERT CLARKE,

PETTIONER

Mr. R. P. Carton, Q. C., Mr. Samuels, Pym v. Lockyer 12 Simon, 394.

Lear v. LeggettENR 1 Russ. & M. 690.

Ancona v. Waddell 10 Ch. Div. 157.

Samuel v. Samuel 12 Ch. Div. 152.

Seymour v. LucasENR 1 Dr. & Sm. 177.

White v. ChittyELR L. R. 1 Eq. 372.

Lloyd v. LloydELR L. R. 2 Eq. 722.

Montefiore v. EnthovenELR L. R. 5 Eq. 35.

Croft v. Lumley 6 H L. Cas. 672.

Mr. Kenny, Q.C., Ex Parte Eyston 7 Ch. Div. 145.

Hill v. CowderyENR 1 H. & N. 360.

Montefiore v. BehrensELR L. R. 1 Eq. 171.

Roffy v. BentELR L. R. 3 Eq. 759.

Will Forfeiture clause Alienation Effect of words "do or suffer " Registration of judgement mortgage.

VOL. XVII.] • CHANCERY DIVISION. 549 IN THE MATTER OF THE ESTATE OF JOHN GORE MOORE, Land Judges. OWNER; ROBERT CLARKE, PETITIONER (1). 1885. July 17, 21.- W171--Forfeiture clause-Alienation-Effect of words " do or sufer"- _Registration of judgment mortgage. Under a will, the rents and profits of certain lands were made payable to M. for life, or until he should become bankrupt, or assign, convey, charge, or incumber the same, " or do or suffer something, whereby the same, or some part thereof would, by operation of law or otherwise, if belonging absolutely to him, become vested in, or become payable to, some other person or persons." A judgment creditor of M. registered his judgment as a mortgage against the lands :- Held, that, under the words " do or suffer something," a forfeiture had occurred of M.'s life-interest in the lands. APPLICATION, on behalf of the petitioner, to make absolute the conditional order for sale made on the 19th June, 1885, and-CAUSE SHOWN by Elizabeth C. B. Moore. Arthur Moore, deceased, by will, dated July 3rd, 1882, devised landed and house property in the Queen's County to trustees, upon trust " that the said trustees or trustee shall permit my sons John Gore Moore and Arthur Moore to receive the rents and profits of the said property, as tenants in common, in equal shares, until they shall respectively- die, or become bankrupt, or assign, convey, charge, or incumber their respective shares of same, or any part thereof, or do or suffer something whereby the same or any part thereof would, by operation of law, or otherwise, if belonging absolutely to them, become vested in, or payable to, some other person or persons ;" and the will then provided that, in any of these cases, they...