The Eastate of THE REV. GEORGE CORNWALL NASH, Owner; JOHN WHEELER, Petitioner. ex parte JANE NASH and Others in the same Matter, ex parte MARY NASH
| Jurisdiction | UK Non-devolved |
| Judgment Date | 26 May 1856 |
| Date | 26 May 1856 |
| Court | Privy Council |
Privy Council.
Greene v. StoneyUNK 13 Ir. Eq. Rep. 301.
Doolan v. Smith 3 J. & L. 547.
Honner v. MortonENR 3 Russ. 65.
Garrard v. Lord LauderdaleENR 3 Sim. 1; S. C., 2 R. & M. 451.
Synnot v. SimpsonENR 5 H. L. C. 121.
Greene v. Stoney Ubi sup.
Taylor v. GormanUNK 6 Ir. Eq. Rep. 634.
Askham v. BarkerENR 17 Beav. 37.
384 CHANCERY REPORTS. 1856. Privy Council. In the Matter of the Estate of THE REV. GEORGE CORNWALL NASH, Owner JOHN WHEELER, Petitioner. Ex parte JANE NASH and other. In the same Matter, Ex parte MARY NASH.* April 4, 5, 7. May 26. • (Judicial Committee of the Privy Counci1).t By a settle- BY indenture, bearing date the 9th of June 1810, and made ment of 1810, .power was between John Nash the first and John Nash the second, the eldest given to A,' the intended son and heir-at-law of John Nash the first, of the first part, George husband, to appoint to all Cornwall and Elizabeth Cornwall, his daughter, of the second part, and every, or any one or Rev. Deane Hoare and the Rev. William Lee, of the third part, more of the children, grand-children or other issue of the marriage, in 'such manner and form, and if more than one, in such parts, shares and proportions, and for such estate and estates, time or times, and for such interests, and with such limitations over, or substitutions or charges in favour of any one or more of the said children, grandÂÂchildren and issue respectively, and either by way of legacy, portion, present interest, remainder or otherwise, as he should by deed or will direct ; it being the true intent of the parties that A might either divide the premises in such portions as he should think fit amongst his children, or appoint the entire to one or more child or children, and charge the said premises by way of pecuniary provision for the other children of the marriage. Power was also given to A to charge 200 for his own benefit, and a jointure and portions for a second wife, and children of a second marriage. By a settlement executed in 1844 by A and B his eldest son, on B's marriage, reciting the power of appointment in the settlement of 1810, and the powers to A to charge, and that A had agreed to release the latter powers, and that the lands in which A had a life estate were subject to various debts, charges and incumbrances stated in a schedule, and that A had made no appointment of the lands, A appointed the lands after his own death, but subject to the debts, charges and incumbrances thereinbefore mentioned, and then affecting the said lands, and released his power of charging the lands with a jointure and portions. A present annuity of 200 a-year, and a jointure of 300 for his intended wife were provided and secured by a term of 100 years, and a term of 200 years * Before the LORD CHANCELLOR ; the Right Hon. the CHIEF JUSTICE of the Common Pleas ; Judge BALL ; Baron GREENE ; Judge REATINGE and the Right Hon. FRANCIS BLACKBURNE. t Reported by E. S. TREvon, Esq. CHANCERY REPORTS. 385 and the Rev. Robert Hoare and Philip Splane, of the fourth part, being the settlement executed on the marriage of John Nash the second and Elizabeth Cornwall, John Nash the first conveyed to the said William D. Hoare and William Lee, their executors, &c., the lands and mills of Brinny and other lands, for the residue of the terms, of years for which the same were held, in trust, after the marriage, to permit John Nash the first to receive an annuity of 800 for his life, and subject thereto, and to a term of years to raise 5000 for the younger children of John Nash -the first, in trust to permit John Nash the second to receive the rents during his life ; and after his decease, subject to a jointure to Elizabeth Cornwall, in case she should survive him, in trust " for the benefit of 1,41 and every or any one or more of the children, grand-children or other issue of the said intended marriage, in such manner and form, and, if more than one, in such parts, shares and proportions, and for such estate and estates, time or times, and for such interests, and with such limitations over, or substitutions or charges in favour of any one or more of the said children, grand-children and, issue respectively, and either by way of legacy, portion, present interest, remainder or otherwise, and to vest and be transferred and assigned, and upon such contingencies, and under and subject to such directions and regulations for maintenance, education and advancement, as the said John Nash the younger e., the second), by any deed under his hand and seal, or by his last will and testament, shall direct or appoint ; it being the true intent of the parties hereto, that the said John Nash the younger may either divide the said premises in such portions as he shall think fit amongst his children, or limit or appoint the entire to one or more child or children, and charge the said puisne, to the term of 100 years was created, to raise 4000 portions for the younger children of A. The schedule to the deed comprised the 4000 portions, and a sum of 530, a bond debt of both father and son. Semble, the power would have authorised an exclusive appointment, but Held, that the deed of 1844 operated as an appointment of the estate, subject to a charge of 4000, which took priority of the jointure to B's wife. Held also, that a charge of the bond debt was created by the recital, and the appointment subject to it, and also bad priority over the jointure. Held also, that, independently of the power, the 4600 was a charge in priority to• the jointure, under the deed of 1844. VOL. 5. 49 386- CHANCERY REPORTS. premises by way of pecuniary provision for the other children of the said intended marriage ;" and in default of appointment, in trust for the child, if only one, and, if more than one, then unto and amongst all the children of the said intended marriage, in equal shares ; with certain limitations over in default of issue. The deed contained a power to the said John Nash the second to charge the said lands with a jointure for any after-taken wife, and with portions for the children of any such second marrriage, and also a power to the said John Nash the...
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