Mac Laughlin v Campbell

• Jurisdiction: Ireland
• Judge: M. R.
• Judgment Date: 20 June 1906
• Court: Court of Appeal (Ireland)
• Date: 20 June 1906

Mac Laughlin

and

Campbell.

M. R.

Appeal.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1906.

Charity — Gift to — Will — “Roman Catholic purposes” — General charitable intent — Christian Brothers — Gift for teaching — Monastic Order.

Held, by the Master of the Rolls and the Court of Appeal, that the bequest was void.

Bequest in trust for the establishment in the parish of Coleraine of “a community of Christian Brothers (2) for teaching purposes”:—

Held, by the Master of the Rolls, void.

No appeal was taken on this question.

By his will, dated the 18th of May, 1898, John Glenn left all his real and personal property to the Rev. John Carroll and Daniel MacLaughlin, and he directed them to apply it “for such Roman Catholic purposes in the said parish of Coleraine or elsewhere as they may deem fit and proper”

By a codicil, dated 13th February, 1903, the testator, after leaving certain pecuniary legacies, directed as follows:— “I confirm my said will; but in the event of the disposition therein being held to be void for uncertainty, I bequeath the said residue to the Rev. John Carroll, P.P., Coleraine, for such charitable purposes in his said parish as he shall think right, including the improvement and maintenance of the Catholic church

there, and also the schools” By this codicil the testator appointed the Rev. John Carroll and Daniel MacLaughlin executors.

By a further codicil testator bequeathed to his executor £2,000 in trust for the establishment of a Community of Christian Brothers in the parish of Coleraine, for teaching purposes. The Christian Brothers were admittedly a Monastic Order.

The testator died on the 25th April, 1904, and probate was granted to the two executors. The Rev. John Carroll died on the 21st June, 1905, having, by his will, appointed the defendants, the Rev. John Campbell and the Rev. Alexander M'Ateer, his executors.

A summons was issued by Daniel MacLaughlin for the purpose of determining whether the aforesaid bequests were valid and legal.

Dudley White, for the Attorney-General.

Bequest to trustees in trust “for such Roman Catholic purposes in the parish of Coleraine and elsewhere as they deem fit and proper”:—

Serjeant Dodd, Henry, K.C., and R. D. Megaw, for the plaintiff.

Ronan, K.C., Bates, K.C., and Kerr, for the defendants.

The Master of the Rolls:—

The testator in this case, Mr. John Glenn, of Coleraine, made his will on May 18th, 1898. It is a very simple will.

He gives, devises, and bequeaths all his property, real and personal, of every description, of which he is possessed, or may be possessed at his death, to his trustees therein named, namely, to the Rev. John Carroll, Parish Priest of Saint Malachy's Church, Coleraine, and Diocese of Down and Connor, and Daniel MacLaughlin, solicitor, Coleraine, and County of Londonderry, and requests and directs them to apply it for such Roman Catholic purposes in the said parish of Coleraine or elsewhere as they may deem fit and proper. The first question is with reference to this gift, which, it is argued, is void in point of law for want of certainty, for it is said that while it would be a good gift if it were for such charitable purposes or for such religious purposes connected with the Roman Catholic Church, as the trustees might deem fit, there are no words in the will necessarily indicating a charitable or religious purpose, and, therefore, the gift is uncertain and void. The testator made several codicils to his will, the first of which is dated February 13th, 1903, In the five years which elapsed between the making of the will and of this codicil, it would appear that the testator had come to entertain doubts as to the validity of his will. He begins this codicil by leaving a number of pecuniary legacies to individuals, and other pecuniary legacies to Roman Catholic clergymen as trustees for charities, and proceeds to dispose of the residue as follows:— “As to the residue of my property I confirm my said will; but in the event of the disposition therein being held to be void for uncertainty, I bequeath the said residue to the Rev. John Carroll, P.P., Coleraine, for such charitable purposes in his said Parish as he shall think right, including the improvement and maintenance of the Catholic church there, and also the schools.” He then appoints the Rev. John Carroll and Daniel MacLaughlin, solicitor, Coleraine, executors of his will. It has not been suggested that if the gift in the will is void for uncertainty, the gift of the residue in this codicil is not perfectly good; and it is satisfactory to know that in any event the testator's charitable intentions will not be frustrated.

On May 13th, 1903, the testator made another codicil, which was not proved, as it was revoked by a codicil of May 26th, 1903. The latter is as follows:— “I here by revoke the codicil made by me on May 13th, 1903. I bequeath to the treasurers, for the time being, of Saint Vincent de Paul, of St. Malachy's, and St. John's, Coleraine, £50 each, to be expended by them for the benefit of the poor of their respective districts; I bequeath to my executor, Daniel MacLaughlin, of Coleraine, £2000, to be held by him upon trust, to be used by him as he in his discretion shall think best for the establishment in the Parish of Killowen or in the Parish of Coleraine of a Community of Christian Brothers, for teaching purposes, with full power to him to use the said money either for the purchase or renting of a site or buildings suitable for a school and residence, or for the building of a school or residence for said Christian Brothers, or towards their support or maintenance; and I hereby direct that said sums hereinbefore bequeathed shall be...