Philip R Conron, - Appellant; Christopher R Conron and Others, Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 30 July 1858 |
| Date | 30 July 1858 |
| Court | House of Lords |
English Reports Citation: 11 E.R. 67
House of Lords
Mews' Dig. xv. 1646, 1659, 1660. Distinguished in Cornwall v. Saurin, 1886, 17 L.R. Ir. 595; and see Robertson v. Broadbent, 1883, 8 A.C. 812; Bank of Ireland v. M'Carthy (1898), A.C. 181.
Specific Devises and Bequests - Legacies.
[168] PHILIP R. CONRON,-Appellant; CHRISTOPHER R. CONRON and Others, Respondents [July 26, 27, 30, 1858]. [Mews' Dig. xv. 1646, 1659, 1660. Distinguished in Cornwall v. Saurin, 1886, 17 L.R. Ir. 595; and see Robertson v. Broadbent, 1883, 8 A.C. 812; Bank of Ireland v. M'Carthy (1898), A.C. 181.] 67 VII H.L.C., 169 CONRON V. CONKON [1858] Specific Devises and Bequests-Legacies. Where there is a specific devise, or a specific legacy in a will, the presumption is that it is the intention of the testator that the devisee o r legatee shall have it, as it is given, in its integrity and without derogation; and a general charge subsequently introduced in the will, which may in terms be capable of comprehending the specific devise or bequest, is not alone insufficient to take it away. (Spong v. Spong, 1 Dow. and C. 365, approved of. Mirehouse v. Scaife, 2 Myl. and Cr. 695, commented on.) A testator residing in Ireland, who was possessed of real and personal property, made his will in June 1836, by which he devised certain freehold estates to trustees for a term of 99 years, to pay an annuity to his wife, and another annuity to one of his sons for life; the estate after the death of his son to go to the sons of that son in tail male. He gave other lands, some freehold, some leasehold, to other sons. He created annuities and gave legacies, directed the different properties devised and bequeathed to fall, in certain events, into his residuary estate, and at the end of his will directed that, " in case my personal and chattel property shall be inadequate to the payment of the pecuniary legacies bequeathed by this my will, the deficiency shall be paid out of my real and freehold estates, and I hereby charge and incumber the same with the payment thereof." In a codicil he said, " I charge and incumber all my estates of every description, both real and personal, with the following legacies;" and he gave to these legatees a power to distrain on any part of his estates or property of every description for the arrears of the interest due on the annuities given by the codicil: Held, affirming a decree of the Lord Chancellor of Ireland, that the legacies were not charges on the specifically devised estates. Hatton Conron, of Cork, deceased, was possessed of large personal property, and he was likewise seised in fee of certain lands in Ballincolig, Killalohy, and Kil-patrick, and an estate in fee (subject to a jointure of 100 a year for his wife), in lands in Barrack-street and Cov&[169]-street, in the city of Cork, of chattel interests in two parts of the lands of Grange, Glankittane, and Ballynametagh, and of a lease for lives, with covenant for perpetual renewal, in other parts of the lands of Grange and the lands of Scarteen. By his will, dated 22 June 1836, he devised the lands of Ballincolig, Killalohy, and Kilpatrick unto Richard J. Copinger and John Galway (whom he appointed the trustees of his will), for a term of ninety-nine years, in trust, to pay his wife for her life an annuity of 100 (in addition to' that which was secured to her on their marriage settlement), with power of distress to enforce payment; and after her death, in trust for the use of Hatton Conron (testator's eldest son), as to the said annuity, with such remainders as were afterwards appointed with respect to an annuity to Christopher Conron, and after his wife's decease, and payment of all arrears, the term was to cease; and he bequeathed her all his household furniture, plate, etc. and subject thereto1, he bequeathed the said lands to the trustees for all his estate and interest therein, in trust, out of the rents, etc. to pay to Christopher R. Conron an annuity of 200 for life, and after his death to apply the same to the use of the first son of the body of the said Christopher Conron and the heirs male of the body of such first son lawfully issuing, and for default of such issue, to the use of the other sons of the body of the said Christopher, etc., and for default, etc., to the use of the daughters of Christopher, share and share alike, as tenants in common, and in default of such issue of Christopher, then to Hatton Conron, who had always resided with the testator at Grange, his heirs and assigns for ever. And as to the residue of the rents, in trust to pay to the Respondent's other sons, Robert, Edmond, Arthur and Philip respectively, for their lives an annuity of 100 each. And after the decease of any of the testator's Ias1 mentioned sons, [170] the annuity of such son so dying should go to the same uses and trusts thereinbefore declared of the annuity of 200, and, in default of such trusts taking effect, each annuity was to go to Hatton Conron. And as to the lands of Ballincolig so charged and chargeable with the annuities and rentcharges aforesaid, and also the Barrack-street and Cove-street estates (which 68 CONRON V. CONRON [1858] VII H.L.C., 171 were subject to the annuity to testator's wife, secured by the settlement), and his term and interest in the lands of Grange and liberties of Cork, he devised and bequeathed the same to his trustees, in trust for Hatton Conron for life, and after his decease, to the use of the first and other sons of the body of Hatton successively, according to1 seniority, in tail male, with power to Hatton to make leases and charge portions, and in default of issue of Hatton Conron, to each of the other sons, with like limitations, and in default of issue of all the sons, with like limitations to the daughters, as in the case of Christopher's children. The testator gave legacies to his different daughters. The first was a legacy of 1078 (Ir.) to Geraldine Conron, to be paid to her, with 4 per cent, interest, on the day of her marriage, but if she should die unmarried, it was to form part of the residuary estate. Two other daughters, Mary and Anne Conron, were to receive 3000 each on the day of marriage, provided such marriage should be with the consent of the mother. Each of these two daughters was to have power by will (if unmarried) to dispose of 750 of the 3000, but the remainder, or, if the 750 were undisposed of, the whole, was to form part of the residuary property. The testator gave the lands of Ballynametagh, with the stock and farming utensils thereon, to Robert Conron, and also the sum of 500 in addition thereto; and he bequeathed to each of his sons, Edmond, Arthur, and Philip [171] (the Appellant), 1000 (with four per cent, interest from the day of his death), in addition to the provision before made for them. In each of the legacies to Mary, Anne, Robert, Edmond, Arthur, and Philip, the testator declared that their respective shares in a sum of 3000 bequeathed to them by Thomas Rochford, deceased, were included. And " I order and direct that the several sums thereby bequeathed to my said children, male and female, shall with all convenient speed after my decease be placed and invested in the purchase of Government, stock in the English or Irish fund's by my executors, hereinafter named. And 7 hereby charge, and encumber all my real and chattel estates and property of every description with the payment of same, and hereby make same liable to the payment of such deficiency of interest as shall from time to time happen between the dividends payable on such Government stock and the said rate of four per cent, per annum. And I hereby direct that the several sums SO' hereby bequeathed to my said sons shall be paid and payable to each of them respectively on his attaining the age of twenty-one years; but if ar.y or either of them shall happen to die without attaining such age, then it is my will that the sum so hereby bequeathed to him or them, on his or their attaining such age, shall sink into and form part of my residuary property." He then went on to make other provisions, one of which was the following, as to residue: " And as to all such rest, residue, and remainder of all such real and freehold estates, chattels real and personal, money, goods, and effects of every kind and nature whatsoever, and wheresoever situate, whereof I am now or at the time of my death shall be seised, etc., I give, etc. the same and every part thereof unto' Hatton Conron, his heirs, executors, etc. for ever." And he revoked the annuity of 100 given to' Hatton after the decease of his mother, " having given him hereby a life estate in the lands on which said [172] annuity is charged, with remainder to his issue in tail male." " And I direct that in case my personal and chattel property shall be inadequate to the payment of the pecuniary legacies bequeathed by this my will, that the deficiency shall be paid out of my real and freehold estates, and I hereby in such case charge and encumber the same with the payment thereof." He appointed his sons, Hatton and Robert, and his daughters, Geraldine and Mary, to be executors and executrixes of his will. The testator afterwards executed two codicils: the first is immaterial. The second began, " And I charge and encumber all my estates of every description, both real and personal, with the following legacies on the following conditions." He then left several sums (one of which was a sum of 1000 to Philip) " in addition," all to be payable, with interest, at four per cent. " until my executors can, with convenience, pay to each person the above sums, the interest to be paid half-yearly; and should not the interest on the above sums be regularly paid, I empower my executors and all those to whom I have left the above legacies, to distrain any part or parts of my estate and property of every description for the payment of the...
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