Re Byrne, deceased. Shaw v Attorney-General and Others

CourtSupreme Court (Irish Free State)
Judgment Date01 January 1936
Date01 January 1936
S. C., I.F.S.
In re Byrne, deceased. Shaw
Attorney-General and Others

Trust for conversion of real estate and creation of mixed fund - Charitable legacies payable out of mixed fund - Bequest of residue of mixed fund "for the absolute use and benefit of the Jesuit Order in Ireland" -Testator dying within three months of execution of will - Validity of charitable legacies - Validity of residuary bequest - Whether void for uncertainty or as tending to perpetuity - Gift to a class - Whether Jesuit Order a charity - Meaning of "Jesuit Order in Ireland" - Roman Catholic Relief Act, 1829 (10 Geo. 4, c. 7) - Charitable Donations and Bequests Act, 1844 (7 8 Vict., c.97), ss. 15, 16 - Government of Ireland Act, 1920 (10 11 Geo. 5, c. 67), s. 5 (2).

A testator by his will bequeathed several pecuniary legacies, some of which were charitable and some non-charitable. He then devised and bequeathed all his real and personal estate to the trustees of his will upon trust for conversion into money and to pay thereout the pecuniary legacies thereinbefore bequeathed and to stand possessed of the trust moneys upon trust to pay the annual income to two beneficiaries and their survivor for life and after the death of such survivor as to as well the capital as the income of the said trust moneys "for the absolute use and benefit of the Jesuit Order in Ireland." The testator died within three months of the execution of his will. Held, by the Supreme Court (Kennedy, C.J., FitzGibbon and Murnaghan, J.J.), (1) That the charitable bequests were avoided by the Charitable Donations and Bequests Act, 1844, s. 16, in so far...

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8 cases
  • Munster and Leinster Bank v Attorney General and Others
    • Ireland
    • High Court
    • 29 November 1940
    ...said branch of the Society, and was therefore void as infringing the rule against perpetuities. In re Byrne; Shaw v. Attorney-GeneralIR, [1935] I.R. 782, followed. A gift of portion of a sum of money held on deposit receipt may be valid as a donatio mortis causa, the deposit receipt being m......
  • McNamee v Mansfield
    • Ireland
    • High Court
    • 1 January 1945
    ...Convent, Loughrea."Held that the gifts were invalid as charitable gifts. In re Byrne, deceased, Shaw v. Attorney-General and OthersIR, [1935] I. R. 782, applied. Held further, that the gifts were valid non-charitable gifts to the said Superioress and Prior, respectively, to be applied by th......
  • Bank of Ireland v Solomon
    • Ireland
    • Supreme Court
    • 6 November 1949
    • Ireland
    • High Court
    • 5 February 1979
    ...will not defeat the intention. (See Miley .v. Attorney General & Ors, 1918 1 I.R. 455; Byrne deceased Shaw .v. Attorney General & Ors, 1935 I.R. 782; Munster & Leinster Bank ,.v. Attorney General & Ors, 1940 I.R. 19; Keogh, deceased. McNamee .v. Mansfield 1945 I.R. 13; Scott Bayley deceased......
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