Clifford v Brooke

• Jurisdiction: Ireland
• Judgment Date: 29 April 1878
• Date: 29 April 1878
• Court: Court of Appeal (Ireland)

Appeal.

Before BALL, C., MORRIS, C. J., CHRISTIAN and DEASY, L.JJ.

CLIFFORD

and

BROOKE

Slater v. DangerfieldENR 15 M. & W. 263.

Gummoe v. HowesENR 23 Beav. 184.

Heron v. Stokes 2 Dr. & War. 89.

Seale v. BarterUNK 2 B. & P. 485.

Construction of will —— Estate tail — Power of appointment — Subsequent inconsistent words.

CLIFFORD v. BROOKE (1). Construction of will-Rule in Wild's Case-Estate tail-Power of appoint ment-Subsequent inconsistent words. APPEAL by the Plaintiffs from an order of the Court of Queen's Bench, directing the verdict to be entered for the DefenÂdants. See the case reported, Ir. R. 10 C. L. 179, where the facts and arguments are set out. Tandy, Q. C., and Madden, for the Appellants, in addition to the cases cited in the Court below, referred to Slater v. Danger-field (2) ; Gummoe v. Howes (3) ; Heron v. Stokes (4). Jellett, Q. C., Leech, Q. C., and Robertson, for the Respondents, were not called on. THE LORD CHANCELLOR delivered the unanimous decision of the Court, that the appeal should be dismissed with costs, referring to Seale v. Barter (5), 'and holding that the rule in Wild's Case applied to the limitations of the deed under consideration (6). Appeal dismissed with costs. Solicitor for the Plaintiffs : Hayes. Solicitors for the Defendants : Hardman t Son. (1) Before BALL, C., Mons's, C. J., CHRISTIAN and DEASY, L.JJ. . (2) 15...