The Estate of John K. Edwards, Owner; ex parte Anna Maria Dowling, Petitioner

JurisdictionIreland
Judgment Date12 June 1861
Date12 June 1861
CourtIncumbered Estates Court (Ireland)

L. E. Court.

In the Matter of the Estate of JOHN K. EDWARDS,
Owner;

Ex parte ANNA MARIA DOWLING,
Petitioner.

Jennings v. WardENR 2 Vern. 520.

Willet v. WinnellENR 1 Vern. 488.

CHANCERY REPORTS. 367 had made a prior will, and had there described the intended object of her bounty as a surgeon, which was not the profession of the person named. In that case the Court, in order to have given effect to the name, must have disregarded, not a misdescription in point of residence merely, but two misdescriptions, one in point of residence, and one in point of profession. This makes a broad distinction between the present case and that of Feltham's Trusts. In the case of Newbolt v. Pryce (a), there was a bequest to John Newbolt, second son of William Stranways Newbolt, Vicar of Somerton. The Vicar of Somerton was William Robert Newbolt. His second son was Henry Robert, and his third son John Pryce. It was held that John Pryce Newbolt was entitled to the legacy. The Vice-Chancellor thought there was sufficient " veritas nominis" to take away the "errorem descriptionis." Upon all these grounds, I think the object of this gift is Maria Papeira. (a) 14 Sim. 354. 1861. L. E. Court. In re PLUNKETT'S ESTATE. Judgment. In the Matter of the Estate of JOHN K. EDWARDS, Owner; Ex parte ANNA MARIA DOWLING, Petitioner. June 12. THE question in this case was raised on a motion by the petitioner, to A mortgagor, a roviso make the conditional order for sale, previously granted by the Court„ .n by a moprtgage deed, agrees in absolute. Cause was shown against making the order absolute, by a certain event P. W. Jackson, a mortgagee on the estate. Jackson grounded his to sell to B, the mortgagee, opposition on his deed of mortgage, dated the 3rd of May 1859. for a fixed sum, part of This deed contained a proviso that Jackson would not call in the mortgaged premises. sum secured (82500) until two years had elapsed, or twelve months' Held, that the proviso was interest had accrued due; and " that in case one full year's interest totally void, as being an onerous enÂgagement entered into at the time of the mortgage. 368 CHANCERY REPORTS. on said principal sum of £2500 shall become due and be unpaid at any time during the said period of two years, or in case the John K. Edwards shall, at the expiration of the said period of two years, be unable to redeem the mortgaged premises, it shall and may be lawful for the said Peter W. Jackson, his exeÂcutors, administrators or...

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