The Right Hon. Robert Richard Warren v Robert Augustus Travers, and Others

• Jurisdiction: Ireland
• Judgment Date: 03 June 1868
• Date: 03 June 1868
• Court: Rolls Court (Ireland)

Rolls.

THE RIGHT HON. ROBERT RICHARD WARREN

and

ROBERT AUGUSTUS TRAVERS, AND OTHERS.

Loddington v. KimeENR 1 Salk. 224.

Craddock v. Craddock 4 Jur. N. S. 626.

Roddy v. Fitzgerald 6 H. L. 823.

Kavanagh v. MorelandENR Kay, 16.

Jesson v. WrightENR 2 Bligh, 1.

Toller v. Atwood 15 Q. B. 929.

Wright v. Pearson Ambl. 358.

Hadsley v. AdamsENR 22 Beav. 266.

Sherwin v. Kenny 16 Ir. Ch. R. 138.

Shaw v. WeighENR 2 Str. 798.

Coltsman v. ColtsmanUNK 17 Ir. C. L. R. 738.

Lewis d. Ormond v. WatersENR 6 East, 337.

Ridgeway v. Munkittrick 1 Dr. & War. 84.

Bradley v. CartwirghtELR L. R. 2 C. P. 511.

Montgomery v. MontgomeryUNK 8 Ir. Eq. Rep. 740.

Doe v. BurnsallENR 6 T. R. 30.

Loddington v. KimeENR 1 Lord Raym. 203; 1 Salk. 224.

Less v. MosleyENR 1 Y. & C. Exch. 589.

Mandevill v. Lackey 3 Ridg. P. C. 352.

Doe d. Woodall v. WoodallENR 3 C. B. 349.

Lethicullier v. TracyENR 3 Atk. 728; 2 Jarm. on Wills, 416.

Less v. MosleyENR 1 Y. & C. Exch. 509.

Bradley v. CartwrightELR L. R. 2 C. P. 511.

Roddy v. Fitzgerald 6 H. L. 823.

Doe v. RucastleENR 8 C. B. 876.

Loddington v. KimeENR 1 Salk. 224.

Montgomery v. MontgomeryUNK 3 J. L.; 8 Ir. Eq. Rep. 740.

Dodson v. Grew 2 Wils. 322.

Denn v. PuckeyENR 5 T. R. 299.

Jones v. MorganENR 1 Bro. C. C. 206.

Tyrone v. WaterfordUNK 1 D. F. & J. 613.

Coltsman v. ColtsmanUNK 17 Ir. C. L. R. 733-5.

Tyrone v. WaterfordUNK See 1 D. F. & J. p. 630.

See Jarm. On Wills, Ch. xliii.; Tud. L. C. 574.

Jesson v. WrightENR 1 Bligh, 1, see p. 58.

Fetherston v. FetherstonENRENR 9 Bligh, 237; 3 Cl. & Fin. 67.

Toller v. Atwood 15 q. B. 929.

Grimshawe v. PickupENR 9 Sim. 591.

Lees v. MosleyENR See 1 Y. & C. Exch. p. 611.

Merest v. JamesENR J. B. Moo. 327; 1 Br. & B. 484.

See Jarm. on Wills, 400-401, Ch. xxxix.

Wills — Devise — Issue — Estate Tail.

EQUITY SERIES. 05 fendants, M'Cay, must pay the costs of the Insurance Company, Rolls. which they occasioned. If the Plaintiff desires, he may take a 1868. decree, with the usual administration accounts. M'AsluE v. Solicitor for the Plaintiff : Mr. T. C. Dielcie. M'Cir, Solicitor for the Defendant : Mr. Henry M'Cay. THE RIGHT HoN. ROBERT RICHARD WARREN v. ROBERT AUGUSTUS TRA VERS, AND OTHERS. Wills-.Devise-Issue.-Estate Tail. A testator, by a will made in 1838, devised his lands and all his estate and interest therein, to trustees upon trust, to permit and suffer his four sons to reÂÂÂceive the rents during their lives in equal shares, and after the decease of them, or either of them, leaving issue male lawfully begotten, then in trust for such issue male, according to priority of birth and seniority of age ; but in ease of their decease without issue, or there being such, in case such male issue should die before attaining the age of twenty-one years, then upon trust as to the share or shares of the one so dying, original as well as accruing share, for the surÂÂÂvivor or survivors and their issue male, it being his intention that, in case of the decease of his sons without male issue, or there being such issue male, and they should die before attaining the age of twenty-one years, then the share of the one so dying should go to the survivors and their issue. Held, that the sons took estates tailin their respective shares. COLONEL ROBERT TRAVERS, at the time of making his will, and of his death, was seised in fee-simple of the lands of Timoleague, the lands of Tullynesker, and the lands of Inchinattin, in the county of Cork. Being so seised, he duly made his will, bearing date the 28th of April, 1838, and thereby, after reciting that he was seised of the said. lands of Timoleague and its sub-denominations, and that he had four children by his wife, Catherine, namely, Jonas Hamilton Travers, Richard Henry 456 THE IRISH REPORTS. Rolls. Travers, Robert Augustus Travers, and Augustus William Travers, 1868. he devised and bequeathed his said lands and. premises of Tirao WARREN league, Tullinesker, and Inehinattin, and all his estate and interest therein, subject to a contingent jointure to his said wife, and to a MAYERS. contingent annuity of £600 a-year therein referred to, to Jonas Travers and Henry Warren, their heirs and assigns, on trust, in the first place, to assist his wife to recover said annuity of £600, so long as the same should remain payable out of his said estates, and. in the next place, to pay off and discharge all debts of every deÂÂÂscription that he might owe at his death ; and in the next place, to permit and suffer his said four sons to receive the rents and profits thereof, during their natural lives, and. the life of their mother, the said Catherine, and their grandmother, Lady De Montagut, subject to the restrictions thereinafter mentioned, and from and. after the decease of the survivor of them the said Catherine and. the said Lady De Montagut, then upon trust, to permit and suffer his said sons, Jonas Hamilton Travers, Robert Augustus Travers, and Augustus William Travers, to receive and take the rents and profits thereof during their natural lives, in equal shares, and after the decease of them, the said Jonas, Robert, Augustus, and Augustus William, or either of them, leaving issue male, lawfully begotten; then upon trust for such issue male, according to priority of birth and. seniority of age ; but in case of the decease of them the said Jonas Robert Augustus, and Augustus William without issue, or there being such, that such male issue should die before attaining the age of twenty-one years, then upon trust as to the share or shares of the one so dying, original as well as accruing share, for the survivors or survivor of them, the said Jonas, Robert Augustus, and Augustus William, and. also said Richard. Henry Travers, and. their issue male, it being his (the testator's) will and intention, in ease of the decease of the said Jonas, Robert Augustus, or Augustus William, without issue male, or there being such issue male, and that they should die before attaining the age of twenty-one years, and that then the share of the one so dying should go to the survivors and survivor and their issue, and to the said Richard. Henry Travers and his issue male ; and after certain other devises, bequests, and. directions, the testator appointed his said wife, and Jonas Travers and Henry Warren, executrix and Rolls. executors of his said will. 1868. Colonel Travers died in 1840, without having revoked or WARREN altered his said will, leaving his wife, Catherine Travers, and his V. TRAVERS. four sons surviving him ; but his will was never proved. Jonas Hamilton Travers died in the month of May, 1850, without issue, leaving his three brothers, Richard Henry Travers, Robert Augustus Travers, and Augustus William Travers survivÂÂÂing him, who thereupon became entitled to his share in the said lands, subject to a jointure of £150 with which he had charged it upon his marriage, pursuant to a power contained inthe will of his father. Robert Augustus Travers married Miss Alice Jane Stewart, and, by a settlement executed upon the marriage, and bearing date the 20th December, 1850, he purported, in execution of the power contained in the will of his father, to charge his estate in the said lands with a jointure of £150 for his wife, and with £1000 portions for his younger children. There were issue of the said marriage Jonasina Hamilton Travers, Robert Travers, Katharine Augusta Travers, Jonas Hamilton Travers, Henry Stewart Travers, and Alice Maud Travers, who were under the age of twenty-one years. In the year 1851 the said Lady De Montagut died. Augustus William Travers married in the year 1862, and had issue Ernest Robert Travers, Hugh Arthur Travers, and George Alfred Anselmo Travers...