Malone v Malone

Judgment Date14 May 1925
Date14 May 1925
Docket Number(1925. No. 2367.)
CourtSupreme Court (Irish Free State)
S. C.,

Bequest of "books, furniture, and effects of every kind of which I may die possessed" - Second residuary clause -Whether money on deposit receipt captured by "effects" - Meaning of "effects" - Exclusion of ejusdem generis rule.

Testator's will, after certain legacies, proceeded: "I direct my executors, as soon after my death as they conveniently can, to sell and convert into money my books, furniture, and effects of every kind of which I may die possessed, and to hand over the proceeds of such sale, after payment of my just debts and funeral and testamentary expenses," to his brother T. S. M., to be applied by him in the same way and for the like purposes as a previous bequest in the will. Testator, at the end of his will, appointed his brother T. S. M. his residuary legatee:Held by the Supreme Court, affirming Murnaghan, J., that the word "effects" carried a sum of money standing on deposit receipt in the bank in testator's name at the date of his death.

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