Re Cosby's Estate

• Jurisdiction: Ireland
• Judgment Date: 22 July 1922
• Docket Number: (E. C. 6286.)
• Date: 22 July 1922
• Court: Court of Appeal (Irish Free State)

C. A.,

S. I.,

In re Cosby

Nomen collectivum - Gift to one for life, and after his death "to his eldest legitimate male issue" - Gift over in default.

A testator left property (including realty) to his son W. for life, and after his death to his eldest legitimate male issue, in default of which to the eldest male issue of testator's late brother S.,in default of which to the eldest male issue of his late sister R., on failure of her male issue to the eldest male issue of his late sister H., followed by directions as to jointuring, charging, etc., to whomsoever should possess the T. and S. estates. No disentailing deed was ever executed: —Held, affirming the judgment of Wylie, J. (Molony, C.J., dissentiente), that the phrase "eldest male issue" was a nomen collectivum,and not the description of a persona designata,and that the person entitled under the limitations in the will took as tenant in tail male. Sheridan v. O'Reilly, [1900] 1 I. R. 386...