The Estate of Mary Regan and Others, Owners; Mary Murphy and Others, Petitioners

• Jurisdiction: Ireland
• Judgment Date: 28 February 1893
• Date: 28 February 1893
• Court: Chancery Division (Ireland)

Monroe, J.

IN THE MATTER OF THE ESTATE OF MARY REGAN AND OTHERS,

OWNERS; MARY MURPHY AND OTHERS, PETITIONERS.

Goldring v. Inwood 8 Jur. (N. S.) 206.

Jenkins v. Quinchant 5 Ves. 596, note.

Fairfield v. MorganUNK 2 B. & P. N. R. 38.

Wright v. KempENR 3 T. R. 470.

Champ v. ChampUNK 30 L. R. Ir. 72.

Rawlins' Trusts (Suche v. Rawlins)ELR 45 Ch. D. 299.

Goldring v. Inwood 8 Jur. (N. S.) 206.

Marriage settlement — Power to appoint to children — Limitation, in default of appointment, to right heirs of settlor — Limitation to children in default of appointment not implied.

246 LAW REPORTS (IRELAND). [L. IL I. Monroe, IN THE MATTER OF THE ESTATE OF MARY REGAN AND 1893. OTHERS, OWNERS ; MARY MURPHY AND OTWFIRS, Feb. 28: PETITIONERS. Marriage settlement-Power to appoint to children-Limitation, in default of appointment, to right heirs of settlor-Linzitation to children in default of appointment not implied. By marriage settlement real estate of the wife was limited successively to the husband and wife for their respective lives, with remainder to such child or children as the husband, or, in default of appointment by him, the wife should by will appoint; and in default of appointment, " or there being no issue of the said intended marriage," then to the right heirs of the wife. There was issue of the marriage an eldest son and younger children. On the deaths of the husband and wife without having made any appointment: Held, that there was no implied trust for the children in default of appointment, and that the eldest son took the property as heir of the wife. Goldring v. Inwood (8 Jur. N.S. 206) followed. OBJECTION by Charles George Cottingham to the final schedule of incumbrances. One-sixth share in the lands and premises sold in this matter were subject to the trusts of a settlement executed on the marriage of George Cottingham, and Catherine Regan (the father and mother of the objector), which after life estates successively limited to George Cottingham and Catherine his intended wife, proceeded as follows :-" And from and after the decease of the said Catherine, to such child or children of the said intended marriage, as the said George Cottingham shall by his last will and testament, duly executed in writing, appoint or nominate, and in case of no such appointment or nomination, or of the non-execution of any such last will as aforesaid, then to such child or children of the said intended marriage as the said Catherine shall by her...