Galvin v Devereux

• Jurisdiction: Ireland
• Judgment Date: 23 February 1903
• Date: 23 February 1903
• Court: Chancery Division (Ireland)

GALVIN

and

DEVEREUX

Chancery Division

Will — Election — Devise of "all my estate and interest in the lands of H." — Intention of testator — Parol evidence.

Cooper v. CooperELR L. R. 7 H. L. 71.

Doe v. ChichesterENR 4 Dow, 76.

Henry v. Henry I. R. 6 Eq. 286.

Maddison v. ChapmanENR 1 J. & H. 470.

Minchin v. GabbettIR [1896] 1 I. R. 1.

Pickersgill v. RodgerELR 5 Ch. D. 170.

Streatfield v. Streatfield 1 W. & T. 428.

Whitley v. WhitleyENR 31 Beav. 173.

Von. I.] CHANCERY DIVISION. 185 GALVIN v. DEVEREUX. M. R. 1903. Feb. 23. Will—Election—Devise of " all my estate and interest in the lands of H."— Intention of testator—Parol evidence. A testatrix devised all her estate and interest in the lands of H. to A., and appointed B. residuary legatee. She had no power to dispose of the lands of H., which were settled by her husband's will on herself for life, with remainder to B. in fee : Held, that the testatrix only intended to dispose of her estate and interest, if any, and not to dispose of property which was not her own, and that thereÂfore no case of election arose. Whitley v. Whitley (31 Beay. 173) distinguished. Parol evidence of the intention of the testatrix not admissible. TRIAL OF ACTION. This action was brought by Anne Galvin as legatee under the will of Samima Devereux, widow of J. D. Devereux : (1) to have it declared that J. D. Devereux was a trustee for Samima Devereux of the lands of Hogan's Hill, situate at Ballyrankin, in the county of Wexford ; and (2) in the event of it being held that the lands of Hogan's Hill were not the property of Samima Devereux, to have it declared that the defendant Nicholas J. Devereux, a legatee under the will of Samima Devereux, must elect to take under or against the will, and if he elected to take against the will that the plaintiff be declared entitled to compensation in respect of the said lands of Hogan's Hill. The facts of the case, so far as they are material, were as follows :—On July 29, 1897, J. D. Devereux purchased from Thomas Kidd the lands known as Hogan's Hill at Ballyrankin, in the county of Wexford, for £100, the conveyance being in the form of a grant in perpetuity at ls. a-year. By his will, dated May 3, 1898, J. D. Devereux, after making the several bequests therein contained (which included a bequest to, his wife of a sum 1903—Von. I. 186 THE IRISH REPORTS. [1903. M. it. of £2500, stated by the testator to have been advanced by her to 1903. him out of her own moneys), devised and bequeathed all his GALVIN residuary estate (which included the said lands known as Hogan's V. DEVEREUX, Hill) to his wife for life, with remainder to his brother, the defendant Nicholas J. Devereux. On his death on May 4, 1898, Samima Devereux, his widow, entered into possession or receipt of the rents of the said lands known as Hogan's Hill, together with the rest of the residuary estate of her husband, as tenant for life under his will, and so continued till her death on December 16, 1901. The lands of Hogan's Hill were near the residence of J. D. Devereux at Ballyrankin ; he built a cottage on part of the lands, and let it to a gardener in his employment at £7 a-year. Mrs. Devereux made her will on 'January 14th, 1901, and thereby bequeathed to the plaintiff Anne Galvin, her confidential servant, the interest on a sum of £2500 charged on the BallyÂrankin estate for life, and after the death of the plaintiff bequeathed the said charge of £2500 to the person entitled beneficially to the Ballyrankin estate, namely, the defendant N. J. Devereux. She also bequeathed to the plaintiff all moneys she might have on deposit account at the National Bank, NewÂtownbarry, and in the Post Office Savings Bank at Newtown Barry, and any...