The Estate of William Morris Colles

• Jurisdiction: Ireland
• Judge: Wylie J.
• Judgment Date: 24 March 1917
• Court: Chancery Division (Ireland)
• Date: 24 March 1917

In the Matter of the Estate of William Morris Colles.

Wylie J.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1917.

Settlement — Construction — Equitable Interests in Realty — No Words of Limitation — Trust to convey — Period of Distribution.

By a marriage settlement real property was conveyed to a trustee upon trust, after the solemnization of the marriage, to permit the wife to receive the rents for her life, then to permit the husband to receive the rents for his life, should be survive, then upon trust to convey the property to the children of the marriage, subject to appointment, and in default of appointment to the children of the marriage, if more than one, share and share alike, and if only one, then to such only child, and upon further trust, after the death of the survivor of the husband and wife, in case there should not be any issue of the marriage, to convey the property to S. and G., sisters of the wife, their and each of their heirs, executors, administrators, and assigns, and if either of them should die leaving issue then upon trust to convey the share of her so dying to her issue, if more than one, share and share alike, and upon trust after the decease of the survivor of the wife, husband, S., and G., without issue of any of them, to convey the property unto the children of the late H. B., if more than one, share and share alike, and if only one such child, the whole to such only child. There was no issue of the marriage. S. and G. died unmarried. Both they and the husband died in the lifetime of the wife. She subsequently died. There were ten children of H. B. living at the date of the settlement, eight of whom survived the wife.

Held, that, under the trusts of the deed, the trustee was only bound to convey once, viz., on the death of the survivor of the two tenants for life, and, accordingly, that the children of H. B. who were alive at the time of the death of the wife were entitled to call for a conveyance.

O'Mahony v. Burdett (L. R. 7 H. L. 388) considered.

Questions of law submitted by the Examiner arising on the construction of a settlement produced in the course of an inquiry directed by the Court for the purpose of ascertaining who was now entitled to one-third of the redemption price of certain head rents which had been redeemed in this matter.

The facts were as follows:—

By a settlement, dated the 15th October, 1863, and made by Eliza Abbott on the occasion of her marriage with Edward G. Daley, reciting that Eliza Abbott was in her own right seised of or entitled to one-third part or share of certain lands, and also of certain personal property therein mentioned, and in consideration of the said intended marriage, the said Eliza Abbott did thereby grant and assign unto and to the use of Sarah Eliza Abbott and to her heirs, executors, administrators, and assigns, all the said one-third share of said lands and all said personal estate to hold unto and to the use of the said Sarah Eliza Abbott, her heirs, executors, administrators, and assigns, but upon trust for the several intents and purposes thereinafter mentioned, that is to say, upon trust for the said Eliza Abbott until the solemnization of the said intended marriage, and, after the solemnization thereof, upon trust to receive and pay to the said Eliza Abbott, or permit her to receive, the rents, issues, and profits of said one-third share of said lands, and the annual income of said personal property, during the term of her natural life, and from and after her decease upon the further trust to receive and pay to the said Edward G. Daley, or permit him to receive, the said rents and profits, and the annual income of said personal property, during his life, in case he should survive the said Eliza Abbott, and from and after the decease of the survivor of the said Eliza Abbott and Edward G. Daley upon trust to convey and assign all the lands and premises and property thereby conveyed, assigned, and assured unto the children of the said intended marriage in such shares and proportions as the said Eliza Abbott should by deed or will limit or appoint, and in default of appointment, to the children of said intended marriage, if more than one, share and share alike, and, if only one, then to such only child, and upon further trust, after the death of the survivor of them the said Eliza Abbott and Edward G. Daley, in case there should not be any issue of said intended marriage, to convey and assign the said lands and premises, and property thereby conveyed and assigned, unto the said Sarah Eliza Abbott and Grace Abbott, sisters of said Eliza Abbott, their and each of their heirs, executors, administrators, and assigns, and if either of them the said Sarah Eliza Abbott and Grace Abbott should die leaving issue, then upon trust to convey and assign the share of her so dying to her issue, if more than one, share and share alike, and upon trust, after the decease of the survivor of them the said Eliza Abbott, Edward G. Daley, Sarah Eliza Abbott, and Grace Abbott, without issue of any of them, to convey, assign, and assure the said lands and premises, and property thereby conveyed, assigned, and assured, unto the children of the late Henry Bailey, if more than one, share and share alike, and if only one such child, the whole to such only child.

The events that had happened were these. There was no issue of the marriage of Eliza Abbott with Edward G. Daley. Sarah Eliza Abbott and Grace Abbott both died unmarried, and they and Edward G. Daley all died in the lifetime of Eliza Daley, otherwise Abbott. The residuary real estate of Sarah Eliza Abbott and Grace Abbott passed to Eliza Daley, otherwise Abbott, and George Daley. Eliza Daley, otherwise...