Carolan (Executor of the Deceased's Will) v Jordan & Keegan

• Jurisdiction: Ireland
• Court: High Court
• Judge: White Michael J
• Judgment Date: 06 March 2014
• Neutral Citation: [2014] IEHC 678
• Date: 06 March 2014

[2014] IEHC 678

THE HIGH COURT

[No. 409 S.P./2013]

Carolan (Executor of the Deceased's Will) v Jordan & Keegan

IN THE MATTER OF THE ESTATE OF PATRICK JORDAN DECEASED LATE OF 11 SAINT PATRICK'S ROAD CLONDALKIN DUBLIN RETIRED CLERK.

IN THE MATTER OF THE CHARITIES ACT 1961 AND

IN THE MATTER OF AN APPLICATION BY CHRISTOPHER CAROLAN EXECUTOR OF THE DECEASED's WILL

APPLICANT

AND

GERALD JORDAN, DOROTHY KEEGAN AND JAMES JORDAN

RESPONDENTS

Wills & Probate – The Charities Act 1961 – Doctrine of cy-pres – Intent of testator – General charity – Residuary estate

Facts: The applicant sought orders of the Court for applying the doctrine of cy-pres to give effect to the charitable bequest of the residue of the estate of the deceased or in the alternative, bequest to the particular charitable organization mentioned in the deceased's will owing to the death of the wife of the deceased prior to the deceased, to whom the residue of his property was bequeathed.

Mr. Justice Michael White granted an order for the distribution of the residuary estate of the deceased in accordance with the provisions of the Succession Act 1965. The Court held that the law required that the charity should be administered as per the directions of the founder. The Court observed that where the intent of the testator was to effect a particular form of charity independently of any institution, if the bequest to any particular mode failed for any reason, the principle of cy-pres would apply. The Court found that the specific bequest in the deceased's will did not talk about a general charity and the purpose of the bequest was to honour the memory of the son of the deceased by having a fund in his name. The Court observed that it could not go beyond the true and real intent of the will.

1 JUDGMENT delivered by White Michael J on the 6th day of March, 2014

2 1. This matter come before the court by way of motion originally returnable for 11 ^th November, 2013, seeking the following reliefs:-

3 (a) An order applying the doctrine of cy-près to the last Will and Testament of Patrick Jordan dated 5 ^th May, 1999, so as to give effect to the charitable bequest of the residue of his estate.

4 (c) in the alternative an order that the bequest of the residue of the Deceased's estate is to be applied in favour of the Federation of London Youth Clubs Company No. 258577.

5 2. The application was heard by the Court on 14 ^th January, 2014 and judgement was reserved.

6 3. By his last Will and Testament of 5 ^th May 1999, Patrick Jordan devised and bequeathed all of his property both real and personal whatsoever to his wife, Mary Josephine Jordan.

7 4. She predeceased him having died on 7 ^th December, 2011.

8 5. By his last Will he made the following residuary bequest:-

"I give, devise and bequeath, all the rest and residue of my property both real and personal whatsoever and wheresoever situate of which I may die seized possessed of or become entitled to including any property over which I may have a general power of appointment to be divided as to a four fifths share to the Derek Jordan Memorial Fund C/o London Federation of Boys Clubs 121 Kennington Park Road, London, SC 114JN for their own absolute use and a one fifth share to the London Federation of Boys Clubs to be held in trust and applied for the benefit of Cameron Athan Boys Club, Athan House, 119/121 Grove Road, London E 17. If the said Cameron Athan Boys Club should cease to exist then the said one fifth share shall revert to and become part of the Derek Jordon Memorial Fund aforesaid."

9 6. Patrick Jordan died on 11 ^th January, 2012.

10 7. A grant of probate was issued on 1 ^st October, 2012 to Christopher Carolan, the named executor therein and the applicant in these proceedings.

11 8. Derek Jordan, the son of Patrick John Jordan and Mary Josephine Jordan tragically died at a young age and had been involved in a charitable organisation in England known as the London Federation of Boys Clubs. It is now known as the Federation of London Youth Clubs and has a company No. 258577. It is a registered charity, registration No. 303324. It was originally registered as a charity in 1962.

12 9. Mr. and Mrs. Jordan wrote to the London Federation of Boys Clubs including copies of their Wills and a reply was received on 22 ^nd May, 1980 from the Federation stating:-

"I return herewith copies of your Wills. They have been seen by our solicitors and they confirm that they are perfectly in order and meet your wishes. Again thank you for your interest in the Federation and it may be many many years before the Federation benefits under these generous arrangements."

13 10. Unfortunately no memorial fund known as "the Derek Jordan Memorial Fund" was set up nor was it in existence at the date of death of Mr. Jordan.

14 11....