Clibborn v Horan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1921
• Date: 01 January 1921
• Docket Number: (1920. No. 997.)
• Court: Chancery Division (Ireland)

M. R.,

Clibborn

and

Horan

Power of appointment - No gift over in default of appointment -Implied gift - Rescission by purchaser before summons - Possessory title not forced on purchaser.

Testatrix made a devise of lands, held under a lease for lives renewable for ever, to A. for life, with a power of appointment to A. among her children, but made no gift to the children, and no gift over in default of appointment:—Held, there being nothing in the instrument creating the power from which the intention that the objects should take in default of appointment could be gathered, that A. took a mere life estate coupled with a power of appointment, and that, there being no trust for the children, there was consequently no gift by implication to them. Brown v. Higgs (4 Ves. 708), In re White's TrustsENR (Johnson, 656), Burrough v. PhilcoxENR(5 My. & Cr. 73), discussed and distinguished. Healy v. DonneryUNK (3 I. C. L. R. 213), In re Weekes'...