Murphy v Donnelly

• Jurisdiction: Ireland
• Judgment Date: 08 February 1870
• Date: 08 February 1870
• Court: Rolls Court (Ireland)

Rolls.

MURPHY

and

DONNELLY

Doth Sic.

Recomend Sic.

Executor Sic.

Noel v. HoyUNK 5 Mad. 38.

Doe d. Pratt v. Pratt 6 A. & E. 180.

Doe d. Hickman v. Hastlewood 6 A. & E. 167.

Thomas v. PhelpsENR 4 Russ. 348.

Piggot v. PenriceENR 1 Eq. Ca. Abr. 209. Pl. 12.

Clements v. CassyeENR Noy, 48.

Shaw v. BullENRENR 12 Mod. 592; 2 Eq. Ca. Abr. 329, Pl. 8.

Spearing v. BucknerENR 6 T. R. 610.

Nole v. HoyUNK 5 Mad. 38.

Thomas v. PhelpsENR 4 Russ. 348

Doe d. Pratt v. PrattENR 6 Ad. & El. 180.

Doe v. HaslewoodENR 6 Ad. & El. 167.

Marrett v. SlyENR 2 Sid. 75.

Saumarez v. Saumarez 4 M. & Cr. 331.

Lane v. Lord StanhopeENR 6 T. R. 345.

Doe d. RoutENR 7 Taunt. 79.

Wills v. Wills 1 Dr. & War. 418.

Belaney v. BelaneyENR 35 Beav. 469.

Davenport v. ColtmanENR 4 m. & Cr. ; 12 Sim. 610.

Doe d. Morgan v. Morgan 6 B. & Cr. 512.

Piggot v. PenriceENR Prec. Ch. 471; 1 Eq. Ca. Ab. 269, Pl. 12.

Shaw v. BullENR 12 Mod. 594; 2 Eq. Ca. Ab.

Clements v. CassyeENR Noy, 48.

Thomas v. PhelpsENR 4 Russ. 348.

Doe v. HaslewoodENR 6 Ad. & El. 167.

Spephens v. Heathcote 1 Drewr. & Sm. 138.

Will — Construction — Devise to Executors.

MURPHY v. DONNELLY. Rolls. Will-Construction-Devise to Executors. 1870. A testator directed that all his just debts and funeral expenses be paid as Feb. 4, 5, 8. soon, as possible after his decease. He appointed three persons as joint executer of" his " entire property, for the purpose of puting it to the best advantage of my sister, wife, and children." Held, that fee-simple lauds were devised by the will. PATRICK DOWNES, being seised in fee of certain lands, and posÂÂsessed of chattels real, and some personal estate, made his will on the 18th of May, 1864, as follows :- " I, Patrick Downes, of Longwood, in the county of Meath, being of sound mind and understanding, loth (1) make this, my last will and testament, truly revolzin g and anuling all former wills by me made. I recomend (2) my soul unto the hands of the Great Creator, and do direct that all my just debts and funeral expenses be paid as soon as possible after my decease. I appoint James Murphy, of Clongiffe, Senior, and Edward Cleary, of Longwood, and my sister, Ellen Downes, as joint executer (3) of my entire property, for the purpose of puting it to the best advantage of my sister, wife, and children." The testator died on the 21st of May, 1864, leaving three daughters-Maria, Elizabeth, and Catherine ; his wife, Ellen, and two sisters, Ellen Downes ; and Elizabeth, married to Hugh BoyÂÂlan. The will was proved by James Murphy, Ellen Downes, and Edward Cleary. The testator's widow took possession of the lands and personal property of the testator, which was inconsiderable. On the 7th of May, 1866, she married James Donnelly. The bill was filed by James Murphy, Senior, and Ellen Downes, the acting executors of the testator, against Edward Cleary, the third executor, the testator's minor children, and James and Ellen Donnelly. It prayed that the trusts of the will might be carried into execution, and an administration of the real and personal estate. (1) Sic. (2) Sic. (3) Sic. 112 THE IRISH REPORTS. [I. It. Rolls. The only question at the hearing was, whether the fee-simple 1870. lands were devised by the will, or descended to the minor Defen MuxPHY dants, as the testator's co-heiresses. v. DONNELLY. Mr. Sherlock, Q. C., and Mr. Meldon, for the Plaintiff. This will on the face of it appears to be the will of'an illiterate person, and to have been made without professional assistance ; but the Court will not attribute to the testator that he used one word for another, or that he misspelled the word executor. The fee-simple lands pass by the will. In Noel v. Hoy (1), the testator noÂÂminated his wife executrix, and bequeathed to her all the property of whatsoever description or sort that he might die possessed of. It was held that copyholds of inheritance passed by the will. This ease is stronger than Noel v. Hoy ; for in it there are no words such as " possessed of," from which the Court...