Bank of Ireland v Caffin

• Jurisdiction: Ireland
• Judgment Date: 22 December 1971
• Date: 22 December 1971
• Docket Number: [1971. No. 64 Sp.]
• Court: High 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...