Julian, Re; O'Brien and Another v Missions to Seamen's Trust Corporation

• Jurisdiction: Ireland
• Judgment Date: 16 March 1950
• Date: 16 March 1950
• Court: High Court

In re Julian; O'Brien and Others v. Missions to Seamen's Trust Corporation, Ltd., and Others.

In the Matter of the Trusts of the Will, dated 21st March, 1947, of REBECCA GERALDINE BLANCHE JULIAN; RICHARD O'BRIEN, EDWARD JOSEPH O'BRIEN and ROBERT TAYLOR

Plaintiffs

and

the MISSIONS TO SEAMEN'S TRUST CORPORATION, LIMITED, JOHN ALPHONSUS McCARRON, WALTER GILLIGAN and FREDERIC OZANAM TRUST (INCORPORATED)

Defendants.

Will - Construction - Bequest - Description of beneficiary - Uncertainty - Admissibility of extrinsic evidence.

Construction Summons.

Rebecca Geraldine Blanche Julian died on the 4th January, 1949, having previously made her last will, dated the 21st March, 1947, and two codicils thereto, whereby she bequeathed inter alia:—"To the Seamen's Institute, Sir John Rogerson's Quay, Dublin, the sum of £1,000." The will had been prepared by a solicitor to whom the deceased had given a list written in her own handwriting, of the bequests which she wished to make. The list contained the words, "Seamen's Institute, £1,000." The testatrix, in the course of her instructions to the solicitor, expressed her doubt as to the correct address of the said Institute and the solicitor thereupon consulted a book of reference in which the only seamen's institute referred to was that situate at Sir John Rogerson's Quay, Dublin, and, unaware of the existence of any other such institute in Dublin, inserted that address in the will. The testatrix duly executed the will, leaving this description unaltered. Subsequent to the death of the testatrix, a further list of bequests was found, written in her handwriting, and containing the words,"Seamen's Institute, Eden Quay, £1,000."

The first-named defendants, as trustees of the Dublin Seamen's Institute, Eden Quay, Dublin, and the second-named, third-named, and fourth-named defendants, as trustees of the Catholic Seamen's Institute, Sir John Rogerson's Quay, Dublin, claimed the benefit of the legacy. On the hearing of a summons, issued by the executors to determine which of the said institutes was entitled to benefit, it was sought to establish the intention of the testatrix by the introduction of parol evidence of 1, the mistake made by the solicitor who drew the will, and 2, the religion of the testatrix, her association with one of the said institutes and her active participation in its affairs, and the absence of any interest on her part in the affairs or activities of the other institute.

A testatrix by her will bequeathed a sum of money to "The Seamen's Institute, Sir John Rogerson's Quay, Dublin," and the bequest was subsequently claimed by two bodies, viz., 1, The Catholic Seamen's Institute, Sir John Rogerson's Quay, Dublin, and 2, The Dublin Seamen's Institute, Eden Quay, Dublin. On the hearing of a summons issued by the executors for the determination by the Court of questions arising on the construction of the said will it was sought to prove the intention of the testatrix by the introduction of parol evidence of her religion, of her association with one of the said institutes, and of a mistake, on the part of the solicitor who engrossed the will, in regard to the address of the institute as appearing in the will.

Held, that where the description of a beneficiary in a will applies partly to one person or object, and partly to another person or object, but not accurately to either, extrinsic evidence is not admissible to show the intention of the testator, such evidence being admissible only to rebut or support a bare legal presumption or to assist in determining which of several persons or objects are designated in a truly equivocal description in the will.

Cur. adv. vult.

Kingsmill Moore J. :—

Rebecca Geraldine Blanche Julian, the testatrix herein, died on the 4th January, 1949, leaving a comfortable fortune. Her Irish assets were sworn at £26,471, and as to her other assets I have no information. On the 21st March, 1947, she had made her will and on the same day she added a codicil thereto. On the 13th July, 1948, she added a second codicil.

Her testamentary dispositions were long, careful and detailed. Clearly, she was of a kindly and charitable nature. Personal legacies amounted to £13,850, and were divided among over fifty beneficiaries, some of them in the very humblest stations in life. Charitable bequests totalled £8,325. Most of these are of a specifically Protestant nature. She came of an old Protestant family and took her religious

obligations seriously. She was not, however, a person to confine her charities within the narrow wall of any particular sect. Among her bequests were £500 to the Council for the Blind and £250 to the Society for Prevention of Cruelty to Children, organisations which have no religious colouring. More significant is the gift of £500 to the Dublin Council of the Society of St. Vincent de Paul and her nomination of the same Council as residuary legatee. The Society of St. Vincent de Paul does not confine its benefactions to members of any one religion, though it is controlled entirely by Roman Catholics and its primary object is the edification of its members. I mention those matters because of the two institutes which claim the legacy now in dispute. One is maintained by a Protestant organisation, the other by a Roman Catholic, though both admit sailors of any creed within the ambit of these works of charity...