Campbell v M'Grain

• Jurisdiction: Ireland
• Judgment Date: 05 May 1875
• Date: 05 May 1875
• Court: Rolls Court (Ireland)

Rolls.

CAMPBELL

and

M'GRAIN

Mahony v. Donovan 14 Ir. Ch. R. 262.

Timewell v. PerkinsENR 2 Atk. 102.

Crichton v. SymesENR 3 Atk. 61.

Strafford v. Berridge 1 Eq. Cas. Abr., pl. 14, p. 201.

Rawlings v. Jennings 13 Ves. 39.

Campbell v. Prescott 15 Ves. 503.

Michell v. MichellUNK 5 Mad. 69.

Swinfen v. SwinfenENR 29 Beav. 207.

Gibbs v. Lawrence 7 Jur. (N. S.) 137.

M'Cormick v. Patten Ir. R. 5 Eq. 295.

Kendall v. KendallENR 4 Russ. 360.

Anonymous Prec. in Ch. 7.

Lamphier v.Despard 2 Dr. & War. 59.

Hotham v. Sutton 15 Ves. 319.

Gibbs v. Lawrence 7 Jur. (N. S.) 137.

Dutton v. Hockenhull 22 W. R. 701.

Michell v. MichellUNK 5 Mad. 69.

M'Cormick v. Patten Ir. R. 5 Eq. 295.

Hotham v. Sutton 15 Ves. 319.

Stuart v. ButeENR 1 Dow, 84, 87.

Lamphier v. Despard 2 Dr. & War. 59.

Swinfen v. SwinfenENR 29 Beav. 207.

Lloyd's Estate 2 Jur. (N. S.) 539.

Arnold v. ArnoldENR 2 My. & K. 365.

Chapman v. Hart 1 Ves. 272.

Will — Construction — Bequest of house, household furniture, & c., and all other effects therein — Sum of money in the house.

EQU1T,t SERIES; CAMPBELL v. McGRAIN. 1875. Wia-Construction--Bequest of house, household furniture, (5.c., and all other ejects therein-Sum of money in the house. May 5. A testator bequeathed all his estate and interest in his dwelling-horse, together with all his household. furniture, plate, linen, and all other effects therein, to E. M., and. the residue of his property to two other persons :-Held, that a sum of money found in the house at the testator's death did not pass under the bequest to E. M. ADJOURNED from Chamber. The suit was by summons for the administration of the estate of Matthew Dowling Baker, and the question sent into Court for argument was, whether a sum of £310 found. in the testator's house after his death passed to his grand-niece Eliza M`Grain under the bequest mentioned in the judgment (infra, p. 398.) Mr. Gamble, Q. C., and. Mr. John Murray, for Eliza M'Grain, relied on Drahony v. Donovan (1) as a precise and binding authority decisive of the question before the Court. They contended that the rule which limited the meaning of the word "effects" to proÂÂÂperty ejusdem generis as that enumerated in the will has no appliÂÂÂcation, where the enumeration precedes the word " effects ;" and cited and commented. on the following cases : Timewell v. Perkins (2) ; Crichton v. Symes (3) ; Strafford v. Berridge (4) ; .Rawlings v. JenÂÂÂnings (5) ; Campbell v. Prescott (6) ; Michell v. Michell (7) ; Swinfen v. Swinfen (8) ; Gibbs v. Lawrence (9) ; 31`Cormick, v. Patten (10); Kendall v. Kendall (11). _Mi.. Monahan, Q. C., and Mr. Eiffe, for the residuary legatees, relied on Anonymous (12) ; Strafford v. Berridge (4) ; Lamphier v. (1) 14 Ir. Ch. R. 262. (2) 2 Atk. 102. (3) 3 Atk. 61. (4) 1 Eq. Cas. Abr., p1. 14, p. 201. (5) 13 Yes. 39. (6) 15 Yes. 503. (7) 5 Mad. 69. (8) 29 Beay. 207. (9) 7 Jur. (N. S.) 137. (10) Ir. R. 5 Eq. 295. (11) 4 Russ. 360. (12) Prec. in Ch. 7. 398 THE IRISH REPORTS. [I. .Rolls. Despard (1) ; Hotham v. Sutton (2) ; Gibbs v. Lawrence (3) ; _Dutton 1875. v. Hockenhull (4) ; Michell v. Michell (5). CAMPBELL V. THE MASTER OF THE ROLLS :ÂÂÂM'GRAIN. This is an interesting and important point. It arose before me in Chamber in the administration of the estate of Matthew Dowling Baker, and I adjourned the case into Court to have the question fully argued before me. In considering questions arising on the construction of a will, the first and paramount duty of the Court is to read the words of the will, in order to discover whether on those words, giving them their grammatical and natural meaning, the Court can arrive at the testator's intention. The will in this case commences by reÂÂÂciting that the testator was seised of the house No. 3, Hume-street in the City of Dublin, and that he had also an interest in certain preÂÂÂmises at Ranelagh in the County of Dublin, and was also possessed of personal estate, consisting of Bank of Ireland Stock and Three per cent. Consols, and proceeds thus : " Now, I hereby devise and bequeath to my dear and affectionate grand-niece Eliza M'Grain, now residing with me, all my estate and interest in said dwelling-house, No. 3, Hume-street in the City of Dublin, together with all my household furniture, plate...