Dooley v Mahon

• Jurisdiction: Ireland
• Judgment Date: 17 April 1877
• Date: 17 April 1877
• Court: Chancery Division (Ireland)

V. C. Court.

DOOLEY

and

MAHON.

Re BlackmanENR 16 Beav. 377.

Re Blayney's Trusts Ir. R. 9 Eq. 413.

Parsons v. Parsons 1 Ves. Jun. 265.

Re Kilvert's TrustsELR L. R. 7 Ch. App. 170.

Drake v. DrakeENR 25 Beav. 642.

Will — Construction — Imperfect description of legatee — Uncertinty.

VOL. XI.] EQUITY SERIES. 299 DOOLEY v. MAHON. V. C. Court. Will-Construction-Imperfect description of legatee-Uncertainty. 1877. A testatrix bequeathed a legacy to a niece, whom she described as " Mo April 17. nimia Mahon, daughter of my brother Walter," and it appeared that the only daughter of Walter, named Monimia, had been married to a person named Smith, and was deceased. at the date of the bequest, as the testatrix was aware, but that the testatrix had another niece named Monimia Mahon, who survived her. This lady however was not a daughter of Walter : Held, that, notwithstanding the inaccuracy in the description of the legatee, the testatrix had indicated with sufficient certainty that the legacy was inÂÂÂtended for the niece Monimia who survived her. SUIT to execute the trusts of the will of Charlotte Mahon, of Eyre-street, Galway, deceased. The will of the testatrix, dated the 23rd of November, 1870, was, with the exception of certain formal and prefatory words, as follows : "Whereas I am possessed of sixty shares in the National Bank of Ireland, and entitled to a judgment debt affecting the estate of Valentine Blake, of Gurtnamona, deceased, upon which a sum of £300 late Irish currency is due, I will and bequeath the same, together with such other property as I may die seised, possessed of, or entitled to at the time of my decease, to Frederick Dennis, Esq., whom I appoint as executor of this my will, in trust to and upon the several trusts and bequests hereinafter mentioned : that is to say, to pay my just debts and funeral expenses : to my niece Madelin (Madeline) Mahon, and to my niece Isabella Mahon, daughters of my late brother Edmond Mahon, nine shares each of the National Bank, and also the respective sums of £69 3s. Od. each, portion of said judgment debt : I will and bequeath to my niece Monica Mahon and to my niece Isabella Mahon, daughters of my late brother Walter Mahon, nine shares each of the National Bank, together with the respective sums of £34 118. 8d. each, portion of said judgment : 'bequeath to my nephew Laurence Smith two National Bank shares." The will contained other bequests which are immaterial to...