The Estate of Walter Blake. v

JurisdictionUK Non-devolved
Judgment Date01 April 1853
Date01 April 1853
CourtPrivy Council

Privy Council.

In the Matter of the Estate of WALTER BLAKE.
and

Farran v. BeresfordENR 10 Cl. & Fin. 319.

Farrell v. GleesonENR 11 Cl. & Fin. 702.

Ryan v. CambieUNK 2 Ir. Eq. Rep. 328.

Franks v. MasonUNK 9 Ir. Eq. Rep. 358.

Kirkwood v. LloydUNK 11 Ir. Eq. Rep. 561.

CHANCERY REPORTS. 643 1853. Privy Council. In the Matter of the Estate of WALTER BLAKE.* (Judicial Committee of the Privy Council."1) April 1. WALTER BLAKE, the grandfather of the owner, being seised in fee Revivor of a judgment on of the lands in the petition mentioned, in Easter Term 1796 con- a wire fad", although there fessed a judgment in the penal sum of 380, late Irish currency, to beno change of parties, givesone Eleanor Griffin ; and in Trinity Term 1790 he confessed another present a t right to the judgment to her in the penal sum of 272. 8s. Id. Eleanor Griffin eonusee, so as revived the said to p judgments against Walter Blake. In the year 1799 operation the Walter Blake settled his estates for value upon himself for life, with the Statute of Limitations remainder to his son Xaverius Blake for life ; remainder to his first (3 4 W. 4, c. 27, s. 40.) and other sons in tail male. The owner, Walter Blake the younger, was the eldest son of the said Xaverius Blake, and attained his age of twenty-one years in February 1842; and .immediately after, and previously to his marÂÂriage, settled the estates on himself for life, with remainder to his first and other sons in tail. Xaverius Blake the second was the eldest son'of Walter Blake the younger. Eleanor Griffin revived the said judgments against Walter Blake the elder, the conusor, in Trinity Term 1833. In 1846 Eleanor Griffin assigned the judgments to John Griffin. John Griffin, on the 10th of March 1847, filed a bill in the Court of Chancery against Walter Blake the younger and Xaverius Blake, to raise the amount of the judgment. The defendant Walter Blake the younger demurred to the bill. The cause of demurrer was the Statute of Limitations. It was * Reported by E. S. Tazvon, Esq. t Before the LORD CHANCELLOR, the Loan CHIEF JUSTICE of the Queen's Bench, Mr. Justice PERRIN, Mr. Justice BALL, Baron GREENE, Judge KEATINGE, the Right Hon. FRANCIS BLACHBURNE, the Right Hon. JOHN HATCHELL, and the Right Hon. JOSEPH NA.PIER. 644 CHANCERY REPORTS. 1853. overruled by the Master of the Rolls, after argument, on the 13th Privy Council. of January 1848 (a). In re BLAKE: A petition having been presented in the Incumbered Estates Court...

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1 cases
  • Waring v Waring
    • Ireland
    • High Court of Chancery (Ireland)
    • 9 November 1855
    ...Farran v. Beresford 10 Cl. & F. 319. Farrell v. Gleeson 11 Cl. & F. 702. Ryan v. CambieUNK 2 Ir. Eq. Rep. 236. Re Blahe's EstateUNK 2 Ir. Ch. Rep. 643; see also Griffin v. Blake, ib. 645. 6 CHANCERY REPORTS. The LORD CHANCELLOR. That section only continues the rules so fax as they are not i......

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