Brown v Gregg

• Jurisdiction: Ireland
• Judgment Date: 19 December 1945
• Date: 19 December 1945
• Court: Supreme Court

(H.C., S.C.),

Brown

and

Gregg

-Power of appointment - Power to appoint "amongst my Irish relatives" - Whether class sufficiently described - Whether gift void for uncertainty - Appointment by donee of power to persons clearly within limitations of class - Whether appointment valid.

Testator by his will devised and bequeathed all his estate to his sister for life, subject to her taking care that his brother was properly provided for during his life, the will then continued: —"subject thereto, I wish my sister to dispose of same to take effect after her decease to and amongst such of my Irish relatives as she shall see fit." Held by Overend J. that it was impossible to determine what the testator meant by the expression "Irish relatives" and accordingly the gift was void for uncertainty. On appeal:—Held by the Supreme Court that the will conferred a valid power of appointment on the testator's sister, and the appeal must be allowed. It is not necessary for the valid exercise of a...