Lawlor v Henderson

• Jurisdiction: Ireland
• Judgment Date: 14 January 1876
• Date: 14 January 1876
• Court: Court of Exchequer Chamber (Ireland)

Rolls.

LAWLOR

and

HENDERSON.

Grant v. LynamENR 4 Russ. 292.

Pope v. WhitcombeENR 3 Mer. 689.

Isaac v. Defriez Ambl. 595. [17 Ves. 373, n.]

Finch v. HollinsworthENR 21 Beav. 112.

Will — Construction — Relations — Power of selection or power of distribution.

150 THE IRISH REPORTS. Rolls. one, it would have got rid of the whole case. Instead of resting 1875. his decision on that view of the law, Sir George Jessel rests his deci TAIBOT sion on the circumstances of the bad. health of the testator, and the Cot. fact that the cheques were to be drawn by the wife, as rebutting the presumption of an advancement to her, by showing that the arrangement was made for convenience. As to the costs of the suit, the question was 'one which the Plaintiff was well entitled to raise, and I must declare that the Plaintiff and -the Defendant are entitled to their costs out of the assets. Rolls. T, A WIJOR, v. HENDERSON. 1876. Will--Construction-Belations-Power of selection or power of diitrittition. Jan. 14. A testator, after bequeathing a legacy to his daughter, left an annuity to his mother and sister for their lives, and directed that upon their deaths the residue of his property should be divided amongst his relations *as his mon, tors (his brothers) should thiwk fit and most worthy to receive it. At the death of the testator and at the deaths of his mother and sister, his daughter was his sole next-of-kin :-Held, that the daughter was entitled to the residue. SUIT to administer the assets of the late Joseph Lawlor, and to carry out the trusts of his will. It now came before the 'Court on further consideration. The testator, by his will, dated the 16th of February, 1868, after providing a legacy for his daughter Bridget, to be paid upon her marriage, directed that his Mother' and 'sister should receive an annuity for their lives, and, upon their deaths, that all the remainder of his property should be divided amongst his relations as his executors should think At and ino`st worthy to receive it ; and he 'appointed his brothers, J. Lawlor Lawlor, his executors. They proved the will, 'and 'afterwards instituted this suit. The testator's sole next-of-kin, 'at bid death, was his daughter Bridget. His mother and sister bann'e'd in the will had died, and the question was whether the daughter of the testator was entitled to the residue of his -estate, or Whether the executors had the right to appoint it to or MilliiigA 'the &erg relations of the testator...