Fitzpatrick v Collins

• Jurisdiction: Ireland
• Judge: McWILLIAM J
• Judgment Date: 19 December 1978
• Neutral Citation: 1978 WJSC-HC 281
• Docket Number: No. 4122P/1978
• Court: High Court
• Date: 19 December 1978

1978 WJSC-HC 281

THE HIGH COURT

No. 4122P/1978

FITZPATRICK v. COLLINS

WILLIAM J. FITZPATRICK

.v.

PATRICK J. COLLINS AND ANTHONY COLLINS

1 JUDGMENT OF McWILLIAM J. DELIVERED 19th December 1978

2 The Plaintiff is the administrator with the will, dated 13th June, 1955, annexed, of John Collins (hereinafter called the Testator) who died on 2nd October, 1973. The Plaintiff brings these proceedings for the determination of certain questions arising upon the interpretation of this will, the material parts of which are as follows:-

"In the event of my dear wife Christina Collins surviving me for the space of two months after my death I appoint my said wife Christina Collins sole executor of this my Will and I devise and bequeath all my property both real and personal whatsoever and wheresoever of which I may die seized possessed of or become entitled to (including any property over which I may have any power of appointment) unto and to the use of my said wife Christina Collins absolutely In the event of my wife the said Christina Collins surviving me for the space of not more than two months as aforesaid I bequeath to her the sum of Five hundred pounds for her absolute use and in this event I appoint William J. Fitzpatrick General Secretary of the Irish Union of Distribution Workers and Clerks sole executor of this my will and I bequeath to him the sum of One hundred pounds free of legacy duty for his absolute use in the event of his so acting and subject to the payment of my lawful debts funeral and testamentary expenses I devise and bequeath all the rest and residue of my property both real and personal whatsoever and wheresoever of which I may die seized possessed of or become entitled (including any property over which I may have any power of appointment) unto the said William J. Fitzpatrick Upon Trust to sell call in and convert the same into money and to apply the net proceeds of sale for the purpose of having Masses said in Public in Ireland for the repose of my soul and the soul of my wife the said Christina Collins and the souls of both our respective parents.rdquo;"

3 The Testator had no children. His wife Christina Collins, predeceased him by about eight years. The Defendants Patrick J. Collins and Anthony Collins are his next of kin, one being a brother living in Uruguay and the other being a half-brother living in Limerick.

4 Read literally, this will provides for the circumstances of the Testator's wife...