Boyle v Boyle

• Jurisdiction: Ireland
• Judgment Date: 27 June 1877
• Date: 27 June 1877
• Court: Unspecified Court

V. C. Court.

BOYLE

and

BOYLE.

The Commissioners of Charitable Donations v. Walsh 7 Ir. Eq. R. 34 n.

Salusbury v. DentonENR 3 K. & J. 529.

Doyley v. Attorney-GeneralUNK 4 Vin. Abr. 485.

Attorney-General v. HopeUNKIR I. R. 2 C. L. 368.

The Attorney-General v. Delaney I. R. 10 Eq. 104 (see pp. 121, 125, 126).

Morice v. Bishop of Durham 9 Ves. 399.

Ommanney v. Butcher 1 Turn. & Rus. 260.

Vezey v. JamesonENR 1 Sim. & St. 69.

Fowler v. Garlike 1 Rus. & Myl. 232.

Kendall v. GrangerENR 5 Beav. 300.

Ellis v. Selby 1 M. & Cr. 286.

Williams v. KershawENR 5 Cl. & Fin. 111.

Attorney-General v. Delaney I. R. 10 Eq. 104.

Doyley v. The Attorney-GeneralUNK 4 Vin. Abr. 285.

Salusbury v. DentonENR 3 K. & J. 529.

The Attorney-General v. HopeUNKIR I. R. 2 C. L. 368.

Will — Bequest for purposes not strictly charitable — Discretionary power of selection — Gifts for works of charity, with superadded description "such as Masses" —— Construction of that section — Chattels real — Death of testator within three months next after the execution of his will.

A111 of opinion that this is a case in which the Court must carry out V. C. Chant. the trusts by a scheme. 1877. COPINGER Solicitor for the Plaintiff : Hr. 0' Kearney. v. Solicitor for the Defendant Michael Crehane : Mr. Alexander. CHEIME. Solicitor for the Attorney-General: Mr. Lynch. Solicitors for the testator's next-of-kin : Messrs. JP earthy and Hanrahan. BOYLE v. BOYLE. V. C. Court. 1877. Will-Bequest for purposes not strictly charitable-Discretionary power of - June 16, 27. selection-Gifts for works of charity, with superadded description " such as Masses"-Pious use within the 16th section of the Charitable Donations and Bequests Act (7 8 Viet. c. 97)-Construction of that section-ChatÂÂtels real-Death of testator within three months next after the execution of his will. A testator domiciled in Ireland, where his property, consisting of chattels real and personal estate, was situated, and where his will was executed, devised and bequeathed his residuary estate to his executors, upon trust to apply the same to works of charity, " such as Masses for the repose of my soul, and whatÂÂever else they may judge most charitable." The testator died within three months from the date of the execution of his 'will: Held, 1st. That the executors were not bound to apply any part of the gift to purposes strictly charitable, and that, the trust being indefinite, the gift totally failed for uncertainty. 2ndly. That a gift for Masses, though not a strictly charitable, is a pious use within the meaning of the 16th section of the Charitable Donations and Bequests Act (7 & 8 Viet. c. 97), and that, consequently, the death of the tesÂÂtator within three months from the date of the execution of his will avoided the gift, so far as it comprised the interest of the testator in lands. The secÂÂtion is applicable to exclusively pious, as well as charitable, uses. A gift, if made in Ireland, for a pious use, falls within the section, although the donor may not restrict the application of the gift to a pious use in Ireland. SUIT to administer the assets of Daniel Boyle. Hearing on further consideration. By his will, dated the 26th of March, 1871, Daniel Boyle, the deceased, after several pecuniary bequests, deÂÂ-vised and. bequeathed the residue of his real and personal estate to his executors, the Rev. Edward Boyle and Francis O'Neill, upon the following trust, as expressed in the will :-" upon trust that 2 F 2 434 THE IRISH REPORTS. [I. R. F. C. Court. they" (the testator's executors) " shall apply the residue of my 1877. estate to works of charity, such as Masses for the eternal repose of my soul, and whatever else they may judge most charitable." The testator died -within...