Bernard v Walker

JurisdictionIreland
CourtHouse of Lords (Ireland)
Judgment Date01 Jan 1921
H. of L.,
Bernard, Appellant, and Walker, Executor of John McD. Bradley
Respondent

Absolute gift -Whether rendered contingent by subsequent words -"Would have been entitled" - Entitled in possession.

The testator, J. I. B., by his will, dated August 2nd, 1916, gave all the residue of his property upon trust to pay a series of annuities, any surplus, capital and income to be applied in forming an auxiliary trust fund, subject to the foregoing provisions, the testator directed the residuary estate and auxiliary trust fund to be held upon trust for his nephew, J. McD. B.,absolutely, but if his said nephew should predecease the testator's wife and leave children him surviving then as to one moiety of the property to which his said nephew would have been entitled at her death if he had survived her, the same was to be held in trust for the children of the testator's nephew, and applied and paid as directed or appointed, and as to the other moiety the testator gave his wife a power of appointment, and in case of no appointment the same was to devolve as if it were her personal estate in possession at her death. The testator, J. I. B., died on December 27th, 1916. An auxiliary trust fund of investments representing £2,500 was formed within twelve months of his death. There was surplus income...

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