Re Fossitt

• Jurisdiction: Ireland
• Judgment Date: 03 July 1934
• Date: 03 July 1934
• Docket Number: (1933. No. 2613.)
• Court: Supreme Court (Irish Free State)

S. C., I.F.S.],

In re Fossitt's Estate. Martin

and

Hamilton

Bequest to Orange Institution for upkeep of hall - Indefinite period -Rule against perpetuities.

A testator left one-third of his residuary estate "to the Orange Institution of Ireland for the upkeep of the Orange Hall, 10 Rutland Square, Dublin."Held, by the Supreme Court, reversing Meredith, J., that as the fund was to be applied to the upkeep of the Orange Hall during a period which might outlast that allowed by the rule against perpetuities, and as there could be no person entitled to determine the trust as long as there was any part of the fund remaining unexpended, the trust offended against the perpetuity rule and was void.