Charles Towry-Law, 3rd Baron Ellenborough

Law married four times: firstly in 1840 he married Lady Eleanor Cecil Howard (daughter of William Howard, 4th Earl of Wicklow, and Lady Cecil Hamilton), who died in 1852. Secondly, in 1855, Anna Elizabeth Fitzgerald-Day, daughter of the Reverend John Robert Fitzgerald-Day of Beaufort, County Kerry, and Lucy Thompson, who died in 1860, leaving a son Charles. Thirdly, in 1863, Isabella Ogilby, daughter of Alexander Ogilby, she died in 1874, and fourthly Beatrice Joanna Knatchbull, daughter of Sir Norton Knatchbull, 10th Baronet, in 1874; she died in 1931.[1]

Lord Ellenborough died in 1890, leaving his surviving wife and three children by former marriages—namely, Charles Towry-Law, 4th Baron Ellenborough, who succeeded to the title, and two daughters, Gertrude and Emily Law. All three became absolutely entitled to a considerable amount of property, but Charles and Gertrude were of unsound mind and in weak health.

Emily Law came of age in 1893, and under the circumstances, she was advised to make a voluntary settlement of her property and expectancies. Accordingly, on 22 December 1893, she executed a deed by which she declared trusts of a large sum of stock which she had previously transferred into the names of the trustees, and by the same deed she granted and assigned to them all the real and personal estate to which in the event of the death of her brother and sister respectively she might become entitled under his or her will of as heiress-at-law of next of kin. The trusts of the settlement were to pay a small annuity to her stepmother, and subject thereto for herself for life with usual remainders over. Gertrude Law died in 1895 intestate and a spinster, whereupon one-half of her personal estate devolved upon her sister, and was in pursuance of the settlement handed over to the trustees. In 1902 Charles Towry, Lord Ellenborough, died intestate and a bachelor, and letters of administration to his estate were granted to his sister, Emily Law, who was his heiress-at-law and sole next of kin. Emily Law was not desirous of bringing any further property into the settlement, and she now applied by originating summons, in the matter of Lord Ellenborough's estate and in the matter of the settlement for the determination of the question whether her interest as heiress-at-law and sole next of kin was effectually assigned to the trustees, and whether she bound to assign or transfer such interest. The Chancery Division of the High Court considered the case in 1903 and held that the trustees of the settlement could not compel Emily to hand over the property to the trustees.[2]