The Estate of Thomas Ponsonby Carew, Owner; ex parte, Thomas Merrick, Petitioner
| Jurisdiction | UK Non-devolved |
| Judgment Date | 24 October 1854 |
| Date | 24 October 1854 |
| Court | Privy Council |
Privy Council.
Richards v. MolonyUNK 2 Ir. Ch. Rep. 1.
Player v. FoxhallENR 1 Russ. 538.
Woodward v. Darcy Plow. 185.
Tipping v. PowerENR 1 Hare, 405.
112 CHANCERY REPORTS. 1854. Privy Council. In the Matter of The Estate of THOMAS PONSONBY CAREW, Owner ; Ex parte, THOMAS MERRICK, Petitioner.* Oct. 18, 24. (Judicial Committee of the Privy Council.)t An obligor in BY indenture, bearing date the 16th day of April 1822, and made a bond, with notice of the between the Rev. Ponsonby May Carew, therein described as trust, appoint ed one of the of the town of Youghal, in the county of Cork, clerk, of the two obligees, who were true- first part, Mary Carew, his eldest daughter, of the second part, tees, his exe. tutor, and de- Walter Croker, therein described as of Lisnabrin, in the county vised his real of Cork, captain in the royal navy, of the third part, and the estate to him, subject to his petitioners Thomas P. Carew and Edward Croker, of the fourth debts. The executor re- part, after reciting that a marriage was intended between the ceived personal assets sufficient said Walter Croker and Mary Carew (which was shortly after-to pay the bond debt, but wards duly solemnised), and that the said Walter Croker, for wasted them. Held, that the the purpose of securing the annual sum of 60, to be payable to debt was not extinguished, the said Mary Carew, during her life, in the event of her str and might be enforced viving him, and for other purposes in said indenture mentioned, against the real estate of had agreed to advance unto the said Ponsonby May Carew the sum the debtor. of 1000, upon his, the said Ponsonby May Carew, securing the Richards v. Molony (2 Ir. same in the manner in said indenture mentioned, and giving his Ch. Rep. 1) overruled. bond, with warrant of attorney for confessing judgment thereon, to the said Thomas P. Carew and Edward Croker, bearing equal date with the said indenture, in the penal sum of 2000, conÂÂditioned for the payment of the same sum of 1000, with interest at 6 per cent. per annum ; the said Ponsonby May Carew granted and, conveyed unto the said Thomas P. Carew and Edward Croker, their executors, administrators and assigns, the lands of Ardo, therein * Reported by E. S. TREVOR, Esq. Coram the LORD CHANCELLOR; the LORD CHIEF JUSTICE of the Common Pleas ; Judge KEATINGE ; the Right Hon. FRANCIS BLACKBURNE ; and the Right Hon. JOSEPH NAPIER, CHANCERY REPORTS. 113 described; to hold, from the solemnisation of the said intended 1854. Privy Council. marriage, for the term of a hundred years, upon trust, among others, In re to permit the said Walter Croker, during his life, to have, receive CAREW. and take, out of the rents, issues and profits of the said lands, one Statemena. annuity, yearly rentcharge, or sum of /60 ; and upon further trust, that in case the said Mary Carew should survive the said Walter Croker (which event happened), to permit the said Mary Carew and her assigns, during her life, out of the...
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Sainthill v Evanson
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