Earl of Mountcashell v More-Smyth

JurisdictionIreland
CourtHouse of Lords (Ireland)
Judgment Date12 March 1896
Date12 March 1896
More-Smyth
and
The Earl of Mountcashell.

House of Lords.

CASES

DETERMINED BY

THE CHANCERY AND PROBATE DIVISIONS

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE COURT OF BANKRUPTCY IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1896.

Estate pur autre vie — Special occupant — Executory agreement — 1 Vict. c. 26, section 6.

Appeal by the defendant from the decision of the Court of Appeal ([1895] 1 Ir. R. 63).

Levett, Q.C., and Thomas Douglas, for the appellant.

Warmington, Q. C., O'Connor, Q. C. (of the Irish Bar), and Charles Church, for the respondent.

The House of Lords (Lord Halsbury, L. C., and Lords Watson, Herschell, Macnaghten, Morris, and Davey) affirmed the decision of the Court of Appeal, and dismissed the appeal, with costs (1).

(1) See W. N., March 21st, 1896. p. 33; Law Times, Vol. C, p. 487.

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8 cases
  • Horan v Horan
    • Ireland
    • Supreme Court (Irish Free State)
    • 25 July 1935
    ...1 I. R. 30, followed. In re Inman, Inman v. Inman,ELR[1903] 1 Ch. 241, and dictum of Lord Davey in Earl of Mountcashel v. More-Smyth, [1896) A. C. 158, not followed. Supreme Court. Horan v. Horan EDWARD HORAN and MARY HORAN (1) Estate pur autre vie - Devolution of estate - Special occupant ......
  • Re MOORE, DECEASED. Long v MOORE
    • Ireland
    • Chancery Division (Ireland)
    • 11 May 1907
    ......726. In re RayerELR [1903] 1 Ch. 685. Mountcashell v. SmythIR [1895] 1 I. R. 346. Powys v. MansfieldENR 3 My. & Cr. 359. ......
  • Collins v Collins
    • Ireland
    • Court of Appeal (Irish Free State)
    • 6 March 1924
  • Grealey v Sampson
    • Ireland
    • Chancery Division (Ireland)
    • 29 January 1917
    ......Dicta in Mountcashell v. Smyth , [1895] 1 I. R. 346 , discussed. Originating Summons. By his will ...I have not rested my judgment merely on the effect of republication. Earl of Mount-cashell v. Smyth ( 1 ) shows that, while a codicil brings the will down to the date of ......
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