Gethin v Allen

JurisdictionIreland
Judgment Date27 June 1888
Docket Number(1886. No. 8575.)
Date27 June 1888
CourtChancery Division (Ireland)

Chancery Division.

(1886. No. 8575.)
GETHIN
and
ALLEN.

Greville v. Brown 7 H. L. Cas. 689.

Singleton v. TomlinsonELR 3 App. Cas. 404.

Hughes v. Pritchard 6 Ch. Div. 24.

Hardacre v. NashENR 5 T. R. 716.

Re Methuen and Blore's Contract 16 Ch. Div. 696.

Rogers v. RogersENR 3 P. Wms. 193.

Farrant v. CarterUNK 44 L. T. (N. S.) 603.

Davenport v. ColtmanENR 9 M. & W. 481.

Pitman v. StevensENR 15 East. 505.

Cooney v. NichollsUNK 7 L. R. Ir. 107.

Hardacre v. NashENR 5 T. R. 786.

Hughes v. Pritchard 6 Ch. Div. at p. 26.

Windus v. Windus 6 D. M. & G. 549.

Cooney v. NichollsUNK 7 L. R. Ir. 107.

Windus v. Windus 6 D. M. & G. 558.

Will Construction Realty Appointment of residuary legatee per se does not pass real estate.

236 LAW REPORTS (IRELAND). [L. R. I. GETHIN v. ALLEN. (1886. No. 8575.) Will-Construction-Realty-Appointment of residuary legatee per se does not pass real estate. A will recited that the testator was possessed of particular items of proÂÂperty, personal and real, and specified. the different items; the enumeration, though not exhaustive, was nearly complete at the date of the will. The testator left a number of legacies (inter alia one shilling to his presumptive heir), which did not exhaust the personal estate as enumerated, and devised his farms (some of which were freehold) in inaccurate language, using the word " bequeath" in disposing of realty ; but he did not express an intention to deal with his entire property. The will concluded by appointing J. W. his " residuary legatee." After the date of the will the testator invested a large sum in the purchase of a fee-simple estate :- Held, that the purchased estate did not pass to J. W. under the residuary clause. In a will including realty and personalty real estate does not pass under the words "residuary legatee," proprio vigore, without an expressed intention to dispose of the testator's entire property. MATHEW ALLEN made his will, dated the 24th December, 1875, as follows : "This is the last will and testament of me, Mathew Allen, of, &c., Esquire. I have, lodged in the Bank of Ireland, Sligo, the sum of three thousand three hundred pounds. I have lent out on loans the sum of about one thousand pounds. I have lent to Sir Robert Gore Booth, Bart., M.P., the sum of five hundred pounds. I have fifty-one head of horned cattle value for six hundred and twenty-eight pounds. I have four horses value for sixty pounds, and sheep valued for one hundred and twelve pounds, in all five thousand six hundred pounds. I bequeath to my brother-in-law Mr. Jeremiah Rogers the sum of two thousand pounds ; to my brother-in-law Doctor James M'Munn, the sum of five, hundred pounds ; to my brother-in-law Mr. John Wallace Vot. XXIII.] CHANCERY DIVISION. 237 the sum of one thousand four hundred pounds ; to my uncle Mr. M. R. Mathew Morrison the sum of one hundred pounds ; to Edward 1888. Gethin, Esq., three hundred pounds ; to Francis Gethin, Esq., two G-Ernur v. hundred pounds ; to Capt. George Gethin the sum of three hundred ALLEN. pounds. I leave to my nephew, son of my late sister, Thomasinia Williams, if he arrive to the age of five years, the sum of three hunÂÂdred pounds; but if he do not live to that age, then that sum shall be divided amongst the children of my late father, Mr. Charles Allen, who may be then surviving, as directed by him in his will. I leave to the governing body of Drumcliffe Church, for the substantial repair of the building, in the first instance the steeple of the church, upon removal from the parish of the present incumbent, Mr. Griffith, but not sooner, the sum of one hundred pounds. I leave to my sister, Mrs. Ellen Parke, wife of Mr. John Parke, for her sole use, independent of her husband, to be paid to her alone, the sum of one hundred pounds. I have in fee-simple property the lands of Carrownacreevy, in, &c. ; these lands I bequeath to my brother-in-law Doctor James M'Munn absolutely, subject, however, to the annual payment thereout of fifty pounds sterling to my sister Ellen Parke, wife of John Parke, for her own sole use and benefit, &c., during her life and after her death the said sum of fifty pounds, to be paid annually in equal portions to her three children, namely, Emily Parke, Gertrude Parke, and [sic.] Parke, if they be then living ; and if any of them predecease their mother, then the share to be paid to the child or children surviving for their or her life, and no longer. I have also in fee-simple the lands of Carrowloughan, in, &c. ; I bequeath these lands to my mother Mrs. Mary Allen for her life, and at her death they are to revert to my brother-in-law Mr. John Wallace for his life, and after his death they are to revert to his wife, my sister Eliza Wallace, if living, for her life ; and if issue of the said John Wallace and Eliza Wallace be then living, I bequeath said lands first in the male line to the eldest son, and if no son or sons, then to the daughters, first to the eldest. I leave the farm of Faheenaderreen, Drumeliffe, where I now reside, with the dwelling-house, &c., to my nephew Charles G. Rogers, also the furniture in the said house, and the farming utensils, carts, and machinery, and soforth, reserving, however, to my mother Mrs. Mary Allen Corran, in my own occupation, I leave to my brother-in-law Mr. John V. ALLEN. Wallace, subject to the payment of the landlord's rent. The farm at Oakfield, in the barony of Carbery, I leave to Francis Gethin, Esquire, subject to the payment of the landlord's rent. The farm at Milltown, in the barony of Carbery, I leave to my brother-in-law Mr. Jeremiah Rogers, subject to the payment of the landlord's rent. I leave to my brother Mr. Christopher Allen the sum of one shilling. I leave to Bridget Cooney, maid servant in my house, the sum of twenty pounds sterling; also to Bridget Connor, maid servant, the sum of thirty pounds, both to be paid free of duty ; and to Patrick Maughan, of...

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  • Re Thomas Geeally, Deceased, Edwaed Joseph Travees v Catheeine O'Donoghue
    • Ireland
    • Chancery Division (Ireland)
    • 18 April 1910
    ... ... He does not intend by his will to die intestate. The dominant intention is to dispose of everything: Hughes v. Pritchard (1); Gethin v. Allen (2); In re Methuen and Blore's Contract (3). Regard must be had to the whole frame of the will. S. L. Devitt (with him James ... ...

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