Greene v Flood

• Jurisdiction: Ireland
• Judgment Date: 11 March 1885
• Date: 11 March 1885
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

GREENE

and

FLOOD.

Ralph v. Carrick 11 Ch. Div. 875.

Ralph v. Carrick 11 Ch. Div. 873.

Upton v. Lord Ferrers 5 Ves. 800.

Will Construction Estate by implication Presumption against intestacy Interest out of residue until legacy payable.

Appeal. 1884. HESLIN v. FAY. William Frederick Moloney and Timothy S. Delany pay, to the Plaintiff Christopher Heslin his costs of this appeal, when taxed by the Taxing Master." Solicitors for the Appellant : Messrs. Casey 4 Clay. Solicitors for the Respondents : Messrs. C. J. Fay 4 Co. M. R. GREENE v. FLOOD. 1885. Feb. 5. Will-Construction-Estate by implication-Presumption against intestacy March 11. Interest out of residue until legacy payable. A testator bequeathed the residue of his personal estate, which he directed to be converted into money by his executors, and to be divided into sixths. He bequeathed the interest of five-sixths to W. L. for life, and after his death the principal to his children, and if he should have no children, the interest to A. C. for life, and after her death the principal to her children ; and if there should be no child of A. C., he bequeathed the five-sixths to the St. George family in different shares. He bequeathed the remaining one-sixth and the interest and dividends thereof, &c., after the decease of W. L., to the children of A. C.; and if there should be no child of A. C., to the St. Georges in equal shares. There was no child of A. C. :- Held (1), that W. L. did not take an interest for life in the .one-sixth by implication ; (2) that the interest of the one-sixth went, during the life of W. L., to the St. George family. The testator bequeathed the lands of B., in which his brother R. and his sister had life estates by title paramount, upon trust; to sell after the deaths of his brother and sister, and out of the proceeds to pay, among other legacies, to his said brother R. the sum of 5000. R. died in the testator's lifetime ; and by a codicil the testator bequeathed the 5000 to R.'s daughter, and directed that she should be paid the legal interest thereon from the time of his decease till the said sum of 5000 be paid in due course of law : Held, that interest on this legacy from the testator's death was properly paid by the executors out of his residuary personal estate. VoL. XV.] CHANCERY DIVISION. 4M Tins case was adjourned into Court from Chambers for hear- M. R. ing and argument of objections of the Defendants St. George and 1885. Whitty to the accounts lodged in Chambers, under the decree in GREENE the action and the replies of the Plaintiffs, the testator's trustees, FLOOD. and of the Defendant William Lloyd (otherwise called William Halford Flood) to the objections. John Flood, by his will dated the 25th of May, 1832, devised to three trustees the lands of Higginstown, called in the statement of claim the firstly devised lands, upon trust for immediate sale, the proceeds to be consolidated and form part of the testator's residuary personal estate. The trusts of the residuary estate are fully stated in the judgment (infra, pp. 453-455) ; and, after deÂÂvising the lands of Flood Hall, in trust for sale after the death of his wife and sister, the testator devised the lands of Barn-church and others, called his thirdly devised lands, upon trust for sale after the decease of his brother Robert Flood and his sister Elizabeth Flood (who had life estates by title paramount to the testator in these lands), and out of the proceeds to pay inter alia the sum of 5000 to his brother Robert Flood and to his executors, administrators and assigns, as part of his personal estate. The testator, by a codicil dated the 16th of April, 1836, reciting the bequest to, and the death of, his brother Robert Flood, bequeathed 5000 to Mary Anne Flood, the daughter of Robert Flood, secured in like manner upon the same property as before mentioned ; and directed that she should be paid the legal interest thereon from the time of the testator's decease till the said sum of 5000 was paid in due course of law. The Plaintiffs, in their accounts, claimed credit for the payÂÂment to William Lloyd of the interest on the net residuary estate, and the St. George family objected on the ground that the inteÂÂrest of one-sixth of the residue should have been invested so as to fructify for their benefit. The Plaintiffs replied that it had been considered by them, and, as they believed, by all their predecessors in the trusteeship that the Defendant William Lloyd was entitled under the provisions of the will to the whole of the interest for life, either by implication or as taking a temporarily undisposed-of residue, as representing both the heiress-at-law and next-of-kin of the testator. 452 LAW REPORTS (IRELAND). [L. R. I. M. R. The Plaintiffs also took credit in the accounts of the firstly 1885. devised estate for payments in 1839, 1840, and 1841, of interest GREENE to Mary...