Hamilton v Foot

• Jurisdiction: Ireland
• Judgment Date: 05 July 1872
• Date: 05 July 1872
• Court: Chancery Division (Ireland)

V. C. Court.

HAMILTON

and

FOOT.

Smith v. ClaxtonENR 4 Madd. 484.

Wilson v. ColesENR 28 Beav. 215.

Brook v. BadleyELR L. R. 3 Ch. App. 673.

Jessop v. Watson 1 Myl. & K. 665.

Mallabar v. MallabarENR Cas. t. Talbot, 78.

Griffiths v. PruenENR 11 Sim. 202.

Bromley v. WrightENR 7 Hare, 334.

Robinson v. governors of London HospitalENR 10 Hare, 19.

Durour v. MatteuxENR 1 Ves. Sen. 320.

Green v. JacksonENR 5 Russ. 35; 2 Russ. & Myl. 238.

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

Hope v. TaylorENR 1 Burr. 268.

Hardacre v. NashENR 5 T. R. 716.

Evans v. CrosbieENR 15 Sim. 600.

Bryan v. Munton 1 Russ. & Myl. 503.

Wildes v. DavisENR 1 Sm. & Giff. 475.

Crooke v. De Vandes 9 Ves. 197; S. C 11 Ves. 330.

Legge v. Asgill 1 T. & Russ. 265.

Boyse v. Morgan 3 Myl. Cr. 661.

Guinness v. Guinness 14 Ir. Ch. R. 218.

Donnellan v. O'Neill I. R. 5 Eq. 538.

Stewart v. Barton Ante, p. 215.

Springett v. JeningsELR L. R. 10 Eq. 488.

Green v. Jackson Ubi sup.

Griffiths v. Pruen Ubi sup.

Hensman v. FryerELR L. R. 3 Ch. App. 421.

Est v. Lawday I. R. 2 Eq. 517.

Windus v. WindusENR 6 De G. M. & G. 557.

Will — Construction — "Residuary Legatee" — Failure of Charitable bequest — Conversion — Form of Decree.

572 THE IRISH REPORTS. TTAMILTON v. FOOT. Will- Construction-" Residuary Legatee"-Failure of charitable bequest Conversion-Form of Decree. In December, 1867, I. devised her moiety of the freehold lands of B. to her sister, L., for life, to whom she also left certain personalty absolutely, and apÂÂÂpointed her "residuary legatee." The testatrix then proceeded, subject to L.'s life estate, to declare a trust for the sale of the premises, and out of the proÂÂÂceeds gave two effectual legacies, and several charitable bequests which subseÂÂÂquently failed from her dying within three months of the date of her will. In July, 1868, L. devised the other moiety of the lands to trustees, upon trust to sell same, and out of the proceeds to pay certain pecuniary legacies, and she gave " whatever residue" there might be after such payment to certain charities. She then directed her railway shares to be sold, and, after charging her debts and some small legacies on the produce thereof, she gave " the resiÂÂÂdue" to H. W., to whom, with others, she subsequently bequeathed several specific chattels. L. having died in July, 1869, and a suit having been instiÂÂÂtuted to administer the two wills : Held, 1. That, the words " residuary legatee" referring prima facie to perÂÂÂsonalty, there was nothing in the context of L's will to enlarge their operation into a gift of real estate, and that, consequently, her heir-at-law took the realty or its proceeds, which became undisposed of from the failure of the charitable bequests charged thereon ; but that, since the purpose for which a conversion had been directed had not wholly failed, he took such real estate as personalty. 2. That, on the whole structure alone of L's will, the gift of "the residue" did not constitute H. W. general residuary legatee, but only referred to the residue of the produce of the railway shares, and that this view was confirmed by such gift being followed by that of specific chattels to H. W. which a beÂÂÂquest of the general residue would have included. Winders v. Winders (6 De G. M. & G. 557) approved. MOTION FOR A DECREE. Bill filed on the 18th of January, 1872, for the administration of the respective wills of Isabella Georgina Vicars, spinster, and her sister, Louisa Vicars, widow, of both of which the Plaintiffs were executors. It stated that the deceased sisters had been entitled in undivided moieties to a valuable fee-farm estate and. to railway shares and other personal property. They had no brother, but they had a sister Elizabeth, who married the Rev. Lundy Foot, and was the mother VOL. VI.] EQUITY SERIES. 573 of the Defendants, Jeffrey (her eldest son), Thomas, and the Rev. V. C. Court. Richard G. Foot. Louisa Vicars had no issue but one son, who 1872. died under age, and without having ever married, in 1841. Eliza- HAMILTON beth Foot and her husband pre-deceased-her sisters. FOOT. On the 11th of December, 1867, Isabella Vicars made her will as follows : - " Whereas I am possessed of and entitled to one undivided moiety of all that and those the lands of Brownsford, in the county of Kilkenny, and whereas I am also possessed of shares of the Great Southern and Western Railway Company, now I do hereby leave, devise, and bequeath unto my dear sister, Louisa Vicars, and her assigns, during the term of her natural life, the rents, issues, and profits of my said undivided moiety of the said lands. I also give and bequeath unto my said...