Mullally v Walsh

• Jurisdiction: Ireland
• Judgment Date: 21 March 1872
• Date: 21 March 1872
• Court: Rolls Court (Ireland)

Rolls.

MULLALLY

and

WALSH.

Lemage v. GoodbanELR L. R. 1 P. & D. 57.

Newman v. NewmanENR 26 Beav. 220.

Cook v. OaklyENR 1 P. Wms. 302.

Timewell v. PerkinsENR 2 Atk. 102.

Lamphier v. Despard 2 Dr. & War. 59.

Cook v. JaggardELR L. R. 1 Ex. 125.

Harrison v. BlackburnENR 17 C. B. 678.

Fitzgerald v. Westropp 3 Ir. Jur. N. S. 395.

Belany v. BelanyELR L. R. 2 Ch. App. 138.

Lowe v. ThomasENR Kay, 369; 5 D. M. & G. 315.

Kendall v. KendallENR 4 Russ. 360.

Fisher v. HepburnENR 14 Beav 626.

Cambridge v. Rous 8 Ves. 12.

Gover v. DavisENR 29 Beav.222.

Dean v. GibsonELR L. R. 3 Eq. 713.

Slingsby v. GraingerENR 7 H. L. C. 273.

West v. LawdayENR 11 H. L. C. 375.

Slingsby v. GraingerENR 7 H. L. C. 273.

Gray v.PearsonENR 6 H. L. C. 106.

Abbott v. MiddletonENR 7 H. L. C. 68, 115.

Lowe v. ThomasENR Kay, 369.

Kendall v. KendallENR 4 Russ. 360.

Will — Construction — Residue confined to Personal Estate.

VOL. VI.] EQUITY SERIES. Mr. H. Holmes, for the Defendants, applied, upon the authority of Lemage v. Goodban (1), for liberty to file the following' plea, for the purpose of raising the issue whether the earlier will was revoked by the later : "That the two paper writings in the declaration mentioned, and dated respectively the 2nd of November, 1867, and the 10th of November, 1870, do not together constitute the last will and testament of Charles Powell Leslie, in the declaration mentioned, for that the said paper writing dated the 2nd day of November, 1867, was revoked by the said paper writing dated the 10th day of November, 1870." Mr. W Anderson, for the Plaintiff. THE JUDGE granted the motion. Solicitor for the Plaintiff: Mr. Robert Murdock. Solicitors for the Defendants : Messrs. Crookshank. MULLALLY v. WALSH. - Will-Construction-Residue confined to Personal Estate. A testator, having freeholds and chattels real, and personal property conÂÂÂsisting of cash, farming stock, furniture, and Government Stock, bequeathed £200 to his niece, M. W., and the remaining part of his whole property, both in stock, household furniture, cash, &c., &c., to his wife : Held, that the freeholds and chattels real did not pass by the will. BILL by one of the next of kin of John Doherty, praying a declaration that his freeholds passed to his heir as special occupant, and his chattels real to his next of kin ; and for an account, and administration of his real and personal estate. The testator, being seised and possessed of two farms, Bally-waiter held for lives, and Knockarragh for a term of years, and having also considerable personal property, consisting of cash in the house and at his banker's, furniture, farming stock, and GovernÂÂÂment stock, made his will, dated the 13th of December, 1850, as follows:- (1) L. R. 1 P. & D. 57. Q2 THE IRISH REPORTS. [I, R. " In the first place, I will and bequeath unto Margaret White, my niece, the sum of £200 sterling, to be paid unto her by my lawful wife, Anastasia Doherty, or by my executors ; I also will and bequeath unto my lawful wife, Anastasia Doherty, the remaining part of my whole property, both in stock, household furniture, cash, &c., &c. ; I also nominate and appoint both the Rev. Michael Walsh, P. P., and John Walsh, to be executors to this my last will and testament." The testator died on the 22nd of December, 1850; his will was proved by John Walsh ; and, after payment of the testator's debts and the legacy of £200, his widow went into possession of the...