Bank of Ireland v Caffin

JurisdictionIreland
Judgment Date22 December 1971
Date22 December 1971
Docket Number[1971. No. 64 Sp.]
CourtHigh Court
Bank of Ireland
and
Caffin

Dissolution - Husband and wife domiciled in England - Marriage dissolved by order of English court - Husband remarrying in Ireland - Death of husband leaving both wives surviving - Whether second wife was the "spouse" of husband - Succession Act, 1965 (No. 27 of 1965), s. 111, sub-s. 1 - Constitution of Ireland, 1937, Articles 41, 50.

Section 111, sub.s. 1. of the Succession Act, 1965, provides that, if a testator leaves a spouse and no children, the spouse of the testator shall have a right to one half of his estate. The deceased had married the second defendant in England. In the month of...

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17 cases
  • MEC v JAC (Divorce: Recognition)
    • Ireland
    • High Court
    • 9 March 2001
    ...jurisdiction to legislate. Cases mentioned in this report:- Armitage v. The Attorney General [1906] P. 135. Bank of Ireland v. Caffin [1971] I.R. 123. K.D. (otherwise C.) v. M.C. [1985] I.R. 697; [1987] I.L.R.M. 189. K.E.D. v. M.C. (Unreported, High Court, Carroll J., 26th September, 1984).......
  • M.H. v G.H.
    • Ireland
    • Supreme Court
    • 26 February 2015
    ...divorce. This issue was considered in a number of cases notably, Mayo-Perrott v. Mayo-Perrott [1958] I.R. 336, Bank of Ireland v. Caffin [1971] I.R. 123, and Gaffney v. Gaffney [1975] I.R. 133. A passage from the judgment of Walsh J. in the case of Gaffney v. Gaffney at page 150 illustrates......
  • Clancy v Min Social Welfare
    • Ireland
    • High Court
    • 18 February 1994
    ...FIN 488 M (C) V M (T) 1991 ILRM 268 GAFFNEY V GAFFNEY 1975 IR 133 K D (ORSE C) V M C 1985 IR 697 T V T 1983 IR 29 BANK OF IRELAND V CAFFIN 1971 IR 123 M T T V N T T 1982 ILRM 217 C (K) V C (M) 1985 IR 697 M (C) V M (T) 1988 ILRM 456 ARMITAGE V AG 1966 P 135 ADAMS DECEASED , IN RE 1967 IR 42......
  • W v C
    • Ireland
    • High Court
    • 17 October 2024
    ... ... granted by the Superior Court of Arizona on 2 March 2021 is entitled to recognition in Ireland’s jurisdiction. The notice party, the Attorney General, identified four issues of systemic ... in Mayo-Perrott v. Mayo-Perrott [1958] IR 336 ; Kenny J. in Bank of Ireland v. Caffin [1971] 1 IR 123 ; Blayney J. in W v W [1993] 2 IR 476 and most ... ...
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