Hamilton v Fitzpatrick

• Jurisdiction: Ireland
• Judgment Date: 01 January 1943
• Date: 01 January 1943
• Court: High Court

Hamilton

and

Fitzpatrick

-Residence - Conditional devise - Gift over - Devisee to reside in certain premises for three months in each year over period of six years - Premises in bad repair -Devisee owing to ill-health fails to reside personally in said premises for the required period -Whether estate forfeited - Meaning of word "month" - Whether calendar or lunar.

A testator made a devise of lands to his nephew conditional, firstly, upon the latter arranging within twelve months after the testator's death to reside in certain premises for three months in every year for the period of six years, and, secondly, upon his residing in the said premises for such period. The premises were in bad repair at the time of the testator's death, and the nephew, who was of very delicate health, was unable to reside there personally until extensive repairs had been carried out. In the year immediately following the death of the testator the nephew did not reside in the premises, but in the following year he resided for some seventeen days at the premises and died nearly three months before the year had been completed. Held: (1) That the condition of residence imported personal residence generally, but should be construed reasonably and with due regard to the necessity for certain renovations to the premises in view of the state of health of the devisee; (2) that the period of obligatory residence commenced as from twelve...