Burke and O'Reilly v Burke and Quail

• Jurisdiction: Ireland
• Judgment Date: 01 January 1951
• Date: 01 January 1951
• Docket Number: (1949. No. 2243.)
• Court: High Court

Burke and O'Reilly

and

Burke and Quail

Bequest - Condition -Direction that trustees should have absolute discretion in selecting school for infant - Whether consistent with parental right and duty - The Constitution, Art. 42 - Conditions subsequent -Uncertainty - Forfeiture clause - "Cease to practise the Roman Catholic religion" - "Leave Ireland without consent of trustees for period exceeding six months" - Vested interest.

A testatrix by her will left the residue of her property upon trust after conversion and reinvestment to pay and use the income for the purpose of maintaining, educating in Ireland and bringing up as a Roman Catholic one, G.Q., an infant, and directed 1, that the selection of a Roman Catholic school to be attended by G.Q. should be in the absolute discretion of the trustees, and 2, that upon G.Q. leaving school and taking up a position the income should be paid to him until he attained the age of twenty-five years and that thereafter the residue should be paid to him absolutely. The testatrix further provided that if at any time G.Q. should leave Ireland without the consent of the trustees for any period exceeding six months or should cease to practise the Roman Catholic religion he should forfeit all benefit under the will. G.Q. had lived in England for about three years prior to the death of the testatrix and had since continued to live in that country. On the hearing of a summons for the determination of certain questions arising on the construction of the will, it...