Jackson v The Attorney-General

• Jurisdiction: Ireland
• Judgment Date: 20 April 1917
• Docket Number: (1916. No. 956.)
• Date: 20 April 1917
• Court: Chancery Division (Ireland)

JACKSON

and

THE ATTORNEY-GENERAL

(1916. No. 956.)

CHANCERY DIVISION

Will — Construction — Gift to Charity — "Presbyterian Missions and Orphans" — Validity of Gift.

Attorney-General v. BecherIR [1910] 2 I. R. 251.

Clode v. AndrewsUNK 97 L. T. R. 130.

Dunne v. DuignanIR [1908] 1 I. R. 228.

Hunter v. Attorney-GeneralELR [1899] A. C. 309, at p. 324.

MacLaughlin v. CampbellIR [1906] 1 I. R. 588, 594.

MacLaughlin v. CampbellIR [1906] 1 I. R. 588.

Mc Dermott v. AndersonIR [1915] 1 I. R. 191.

Salusbury v. DentonENR 3 K. & J. 529.

Scott v. BrownriggUNK 9 L. R. Ir. 246.

332 THE IRISH REPORTS. [1917. JACKSON v. THE ATTORNEY-GENERAL. (1916. No. 956.) Will—Construction—Gift to Charity—"Presbyterian MIS82071S and Orphans" —Validity of Gift. By her will a testatrix gave her residuary estate to "Presbyterian missions and Orphans, and to A. S. £20." Held, that the gift to "Presbyterian missions and orphans " was a good charitable gift. ORIGINATING SUMMONS. By her will dated September 6th, 1915, Kate Brooks, having appointed Dr. Jackson, of 84, Ranelagh Road, Ranelagh, in the County of Dublin, executor, directed him to pay all debts, funeral, and testamentary expenses, and bequeathed to him a legacy of £40. She directed him " to sell shares in companies that I may have, and all my real and personal property of what nature and kind soever I may possess ; to Mrs. Hope, 114, Halkin Street, Leicester, £30 ; to her father, £100 ; to her mother, £50 ; to all her sisters and brothers, £10 each. What is over to Presbyterian missions and orphans, and to Annie Smyth, £20, Phibsboro' Road, Dublin." The testatrix died on 24th March, 1916, without having altered or revoked her will, probate whereof was granted on 10th May, 1916. From the affidavit grounding the application it appeared that the General Assembly of the Irish Presbyterian Church supported Home, Irish, Foreign, Colonial, and Continental Missions, and also a Mission for weak congregations, and that the defendant, the Rev. W. J. Lowe, D.D., was the general secretary in Ireland for all these various missions. A society was in existence for the benefit of orphan members of the Presbyterian Church, known as the Presbyterian Orphan Society, which was an incorporated body, also controlled by a board of governors, who were defendants in the matter. VoL. I.] CHANCERY DIVISION. The testatrix had formerly been a member of the Rathgar Presbyterian Congregation. The deceased had not during...