Ingham v Ingham. Daly v Daly

• Jurisdiction: Ireland
• Judgment Date: 15 November 1876
• Date: 15 November 1876
• Court: Chancery Division (Ireland)

V. C. Court.

INGHAM

and

INGHAM.

DALY

and

DALY.

Billings v. Sandom 1 Br. C. C. 393.

Nowlan v. Neligan Ibid. 489.

Edwards v. EdwardsENR 15 Beav. 357.

O'Mahoney v. BurdettELR L. R. 7 H. L. 388.

Ingram v. SouttenELR L. R. 7 H. L. 408.

Re More's TrustENR 10 Hare, 171.

Randfield v. RandfieldENR 8 H. L. C. 225.

Edwards v. EdwardsENR 15 Beav. 361.

Schenk v. AgnewENR 4 k. & J. 405.

Lord Douglads v. Chalmer 2 Ves. Jun. 501.

Nowlan v. Nelligan 1 Br. C. C. 489.

Re More's TrustENR 10 Hare, 171.

More's TrustENR 10 Hare, 171.

Neathway v. ReedENR 3 De G. M. & G. 18.

Will — Devise to A. and "in the event of her death" over — Same words used in different senses.

Yet. XT.3 EQUITY SERIES. 101 INGHAM v INGHAM. V. C. Court. DALY v. DALY. 1876. Will-Devise to A. and "in the event of her death" over-Same words used in Nov. 10, 15. different senses. A testator devised to A., in case she survived him, all the property he might die possessed of, and, " in the event of A.'s death," he devised to B. his lands of Blackacre for her life, and " in the event of her death" over, and devised the lands of Whiteaere to C. :-Held, that the latter words-" in the event of her death"-neeessarily meant on the determination of her life estate (as they followed an express gift of a life estate to B.), but that the words " in the event of A.'s death" meant-in the event of A.'s death in the lifetime of the testator ; and that A., having survived the testator, took absolutely, and the gifts over of both Blackacre and Whiteaere failed. . See Hewitt's Trusts, ante. THE BILL in the first cause was filed for the administration of the personal estate of John Finlay ; and the bill in the second cause for a declaration that a yearly rent-charge of £50 a-year, devised to the Plaintiff by the will of Maria Finlay, and a legacy of £50 bequeathed to her by the same will, were well charged on the lands of Kilnigare and. Carrighill, and that so far as necessary the real and personal estate of Maria Finlay might be administered by the Court. The questions now argued in these causes depended on the construction of the will of John Finlay, dated. the 28th of April, 1865, which was as follows :- " I will and bequeath to my mother Maria Finlay, in ease she survives me, all the property, lands, and chattels I may die possessed of, subject to the payment of my debts, subject also to £50 to be paid to the Rev. Father Fortescue for masses for the repose of my soul. I also subject those lands and chattels to the payment of £100 to Patrick Leahy ; but let it be well understood that those legacies are to be paid at a time suitable and convenient to my mother said Maria Finlay, in order that she may not be embarrassed or the lands by an immediate payment of those legacies. In the event of my mother's death, I bequeath to Alicia Teresa O'Reilly my lands of Carrigan or Carrickhill for her life, and, in the event of her death, I will those lands to go to J. D. Ingham and J. Ingham, share and share alike, and the survivor to 102 THE IRISH REPORTS. [I. IL V. C. Court. inherit the portion of the deceased ; for instance, should J. Ingham survive 1876. J. D. Ingham, then and. in that case J. Ingham is to receive and enjoy the INGHAM portion of said J. D. Ingham, and rice...