Tuite v Bermingham

JurisdictionIreland
CourtHouse of Lords (Ireland)
Judgment Date14 Jun 1875

H. L.

TUITE
and

BERMINGHAM.

Clabon & Fearson L. R. Week. N. 1875, p. 138.

"Except an eldest son."

372 THE IRISH REPORTS. [I. B. H. L. (HOUSE OF LORDS.) 1875. TIJITE v. BERMINGHAM. June 14. " Except an eldest son." APPEAL against a decree of the Master of the Rolls (Ir. R. 7 Eq. 221). By a settlement made in 1826, on the marriage of Henry Morgan Tuite, the lands of Sonna-originally the property of his. father, of whom he was the eldest son-were limited to the father for life, remainder to H. M. Tuite for life, remainder to his sons successively in tail, remainder to his second son George Gustavus Tuite, and his sons successively in tail. H. M. Tuite was the eldest son of the father, George Gustavus Tuite was the only other son. This second son was, in 1834, about to marry ; and, on that occaÂÂsion, a settlement was made of the lands of Ballycommon These lands had come into the family from the mother, and they were settled on the father for life, remainder to the mother for life, reÂÂmainder to George G. Tuite for life, remainder to the first, second, third, fourth, &c., son of George G. Tuite successively in tail, remainder to a sister of H. M. Tuite and of G. G. Tuite for life, remainder to the second son of H. Morgan Tuite, and the heirs male of the body of such son ; and in default, &c., to the third and_ every other son of H. M. T. (save and except an eldest son) ; and in default, &c., to the use of H. A. (a connexion of the mother's family), and his heirs. Proviso, that in case under the limitations of the settlement of 1826 any person being issue male of the body of George G. Tuite, other than and except a youngest or an only son or the heirs male of his body, should become entitled in posÂÂsession to the lands of Sonna, the use and estate of Ballycommon, thereby limited to the person so becoming entitled to the lands of Sonna, and to the heirs male of his body, should thenceforth cease, and the lands of Ballycommon should go to the person next entiÂÂtled in remainder, as if he were actually dead without issue. George G. Tuite died without issue. H. M. Tuite, the elder Ton. IX.] EQUITY SERIES. brother, died, leaving an only son, who succeeded, to the lands of Sonna. It was held at the Rolls that this only son of H. Morgan Tuite could not take the lands of Ballycommon, but that they went over to Henry Arabin, according to the provisions in the settlement of 1834. Hr. C. Andrews, Q. a (of the...

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