Re Adams

• Jurisdiction: Ireland
• Judgment Date: 18 June 1965
• Date: 18 June 1965
• Docket Number: (Record No. S. 4746. County of Limerick.)
• Court: High Court

(H.C.)

In re Adams

Real estate - Absence of words of limitation - Limitation to the use of second third fourth fifth sixth and of every other the son and sons - Whether eldest son included -Remoteness - Rectification.

By marriage settlement entered into in contemplation of the marriage then intended and subsequently solemnised between M.G.A. (the eldest son of W.A.) and M. W. certain freehold lands, known as the B.W. lands, the property of W.A., were settled upon uses (inter alia) upon default of appointment (which event occurred) "to the use and behoof of the second third fourth fifth sixth and of every other the son and sons of the said" M.G.A. "on the body of the said" M.W."to be begotten to be equally divided between them share and share alike as tenants in common and not as joint tenants . . . and in case any one or more of such sons . . . shall happen to die without issue of his . . . or their body or bodies then as to the share or shares of him . . . or them so dying to the use of the survivors or others of them share and share alike as tenants in common and not as joint tenants and of the several and respective heirs of their bodies lawfully issuing and in case all such sons . . . except one shall happen to die without issue or if there shall be but one such son . . . then to the use of such only son . . . and of the heirs of his . . . body lawfully issuing and for default of such issue then to the use and behoof of the said" M.G.A. "his heirs and assigns for ever."M.G.A. died without having exercised the power of appointment given to him by the settlement and was survived by his four sons and only children, namely, R.W.G.A., his eldest son and heir at law, who having married died on the 5th May, 1873, leaving male issue; M.G.A., his second son, who died on the 24th May, 1875, a bachelor and testate; R.H.G.A., his third son, who died on the 11th August, 1875, a bachelor and...