Dwyer (Deceased) and Kelly v McCurtin and Another

• Jurisdiction: Ireland
• Judgment Date: 01 January 1933
• Date: 01 January 1933
• Court: High Court (Irish Free State)

H.C., I.F.S.

Dwyer, deceased. Kelly

and

McCurtin and Another

Gift to legatee described as "my executor" - Whether gift to executor as such.

By her will A. D. bequeathed a legacy of £200 to D. K., describing him in the words of bequest as "my executor." She also bequeathed to him a prize cup, devised to him a contingent reversion in certain lands, and appointed him one of her residuary legatees and devises. Held, that there was sufficient in the will itself to rebut the presumption that the gift was to D. K. quâ executor, and that the legacy remained payable notwithstanding D. K.'s renunciation of the office of executor.

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