Horan v Horan

JurisdictionIreland
Judgment Date25 July 1935
Date25 July 1935
CourtSupreme Court (Irish Free State)
[S. C., I.F.S.]
Horan
and
Horan

Devolution of estate - Special occupant - Intestacy - Statute of Frauds (7 Wm. 3, c. 12 (Ir.)), s. 9. - Wills Act, 1837 (7 Wm. 4 and 1, Vict. c. 26), ss. 3, 6.

If land be demised to A and his heirs, to hold to him and his heirs pur autre vie, and A by his will devises it to B, simpliciter, by words which indicate an intention on the part of A to pass all his estate, and B dies intestate in the lifetime of cestui que vie, the land passes to the heir-at-law of B. So held by a majority of the Supreme Court (FitzGibbon and Murnaghan JJ.) reversing the High Court, Kennedy, C.J., stating that he would hold to the contrary if he considered that the facts of the case were wholly covered by this statement of the law, which he was of opinion they were not, and he held on the facts that the lands in question passed to the administrator of B under s. 6 of the Wills Act. Per Murnaghan, J.: A choice must be made between two opposing principles: one, that where the heir is designated as special occupant this special occupancy is intended to attach until it is altered by a limitation of an express nature, the other view is that each disposition must create the special occupant afresh and in the...

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