Colgan v MacDonnell

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 31 March 1927
• Date: 31 March 1927

Colgan v. MacDonnell

In the Matter of the Will of JULIA MARY MacDONNELL,Deceased; FRANCIS JOSEPH COLGAN

Plaintiff

and

FRANCIS EDWARD ANTHONY MacDONNELL

Defendant.

Will - Construction - Bequest of sum of money - Cancellation, of charge -Beneficiary pre-deceasing testatrix - Lapse - Charge not released.

A will contained a number of pecuniary legacies. Testatrix havingsaid that she gave and bequeathed a certain sum of money to F.W. MacD.,added, within brackets, the words: "A charge which I have on his propertyof Dunfierth, and which I now cancel." The intended beneficiarypre-deceased the testatrix.

Held, that this was a simple bequest of the charge to the beneficiaryfor his own benefit, which lapsed by reason of his pre-deceasing thetestatrix.

Construction Summons, before the Chief Justice in Lunacy.

The summons was brought by the plaintiff, Francis JosephColgan, administrator with the will annexed of Julia MaryMacDonnell, deceased, for the determination of two questionsarising on the construction of the will. The testatrix had, by thewords which will be found quoted in the judgment of the ChiefJustice, given the sum of £275 to her nephew, Francis WilliamMacDonnell, the intended gift or legacy being the amount of acharge secured for a term of years on lands of which he wasthe legal tenant for...