M'Clean v Simpson

• Jurisdiction: Ireland
• Judgment Date: 29 November 1887
• Docket Number: (1887. No. 2177.)
• Date: 29 November 1887
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

(1887. No. 2177.)

M'CLEAN

and

SIMPSON.

Exparte RogersUNK2 Mad. 449.

Harman v. Dickenson1 Br. Ch. Case. 91.

CaffreyUNK11 Ir. Ch. 154.

Seymour v. KilbeeUNK3 L. R. Ir. 33.

Kinsella v. Caffrey11 Ir. Ch. R. 154 see judgement of the Master of the Rolls, at p. 162.

Lee v. Busk2 D. M. & G. 810.

Sparks v. RestalENR24 Beav. 218.

Will Constrruction Legacy Gift by implication " Die without leaviong children legally to inherit " Lapse.

Y.-C. M'CLBAN SIMPSON. 1887. Nov. 15, 29. (1887. No. 2177.) Will-Construction-Legacy-aft by implication-" Die without leaving children legally to inherit"-Lapse. Bequest of a share of testator's property to A (not a child or issue of the testator), with a direction that if any legatee should die before the will took effect " without leaving any children legally to inherit," then his or her share should " lapse to the general fund." A died in the testator's lifetime, leaving children who survived the testator : Held, that A's children took by implication the share bequeathed to him. ROBERT SIMPSON, by will dated. the 3rd January, 1876, after directing his debts to be paid, directed. his property to be valued, and proceeded as follows :-" Then let the amount be divided into twenty-five shares, and to each of the following-named relations I will and bequeath one share, or, in other words, share and share alike-To my brother James Simpson, to my nephews and nieces, viz. Stewart Simpson, George Simpson, James Simpson, Marianne Simpson, Lizzie and Maggie Coates, Rebecca Little and Janie M.'Clean (now in Belfast), William Simpson (now in America), John Simpson (now in Dungannon), Robert Simpson and Eliza Jane Simpson (now in Balnasaggart), and James SimpÂÂson (now in Dublin) ; William T. Simpson, Stewart Simpson, and George Simpson (now in America) ; George S. Smith, William S. Smith, and Joseph Smith (now in New Zealand) ; Robert Smith, John Smith, and James Henry Smith (now in Australia) ; Thomas Buchanan and James Henry Buchanan (now in Annabulla and. Sess)-these are the sons and daughters of my deceased brothers and sisters. Now, if any of the persons named should die before this will takes effect without leaving any children legally to inherit, then his or her share must lapse to the general fund. I wish the amount paid to my nieces to be in their own right, and free from the control of their husbands." VoL. XIX.] CHANCERY DIVISION. 529 One of the legatees, George Simpson, died in October, 1873, v.-C...