Catalogue description Case of Dashwood v. Dashwood

In the High Court of Justice Chancery Division, between Frank Dashwood and Dennett Heber Barry and Constance May Barry, his wife, and Desmond Dashwood Barry, their son, an infant under the age of 21 and Thomas Dashwood, Sarah Dashwood and Ernest Harry Dashwood, defendents

Statement of claim

On 22 June 1877 Jonathan Worsley and Elizabeth Goter conveyed to William Dashwood for £6,600, Lake Farm at Lake in the parish of Sandown, I.W., (formerly parish of Brading, I.W.), but £2,600 only was paid on the execution of the conveyance and the balance of £4,000 was lent by Jonathan Worsley to said William Dashwood on security of mortgage of the said farm. The mortgage of £4,000 was subsequently paid off by the said William Dashwood, by mortgaging the farm to J. T. and W. Renshaw for that amount

The original £2,600 was originally supplied by the said William Dashwood (half) and Thomas and James Dashwood (quarter each). The said William Dashwood made his will on 7 July 1877 and devised the residue of his personal estate and all his real and leasehold estates to his wife, Fanny Dashwood, his brothers, the defendent Thomas Dashwood, and the plaintiff Frank Dashwood, upon trust that they should as and when they thought proper sell his real estate and invest the proceeds for the benefit of his wife for her life and after her death pay the annual income to his daughter, the defendant Constance May Barry, for her life and then to which of her children she should appoint by will

William Dashwood died on 21 March 1887 and his will was proved on 13 July following in the Principal Probate Registry and on 28 October 1891 the defendant, Thomas Dashwood, disclaimed the office of trustee. On 30 January 1900 the said Fanny Dashwood and Frank Dashwood appointed the plaintiff, Dennett Heber Barry, as third trustee. The said Fanny Dashwood died 6 April 1900 and her daughter, Constance May Barry, became entitled to the income from the estate, she having married the plaintiff, Dennett Heber Barry on 4 May 1893 and had issue by him, two children only viz: Desmond Dashwood Barry and another son born 1 August 1901. The said James Dashwood died 7 November 1900 having by his will dated 2 February 1897 appointed the defendants Sarah Dashwood and Ernest Harry Dashwood his executors

Part of the Lake estate was sold by William Dashwood's trustees in 1897 and by using such money and borrowing from Douglas Howard Morgan £2,000, the mortgage of £4,000 was paid off to J. T. & W. Renshaw

Further parts of the estate were afterwards paid off, the last mentioned sum of £2,000 was on 16 February 1900 repaid to said Douglas Howard Morgan

The trustees then sent £64 each to said Thomas Dashwood and the executors of said James Dashwood but they refused to accept it or approve the accounts sent by the plaintiff's solicitors