Re Francis Cbumpe, Decbased; Orpen v Moriarty

• Jurisdiction: Ireland
• Judge: Barton, J.
• Judgment Date: 24 June 1912
• Court: Chancery Division (Ireland)
• Docket Number: (1878. No. 184.)
• Date: 24 June 1912

In re Francis Crumpe Deceased;

Orpen

and

Moriarty.

Barton, J.

(1878. No. 184.)

CASES

DETERMINITD BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND.

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1912.

Will — Construction — Conditional gift of annuity — “To cease on return to England” — Forfeiture.

A testator bequeathed an annuity to his nephew C. subject to the condition that “should the said C. return to Ireland, England, or Scotland,” the annuity was to cease. C., who resided in New Zealand, took a passage to and landed in England, alleging that he was on his way to Jersey. The facts proved were consistent with his statement, and it was in evidence that the usual way of travelling to Jersey from New Zealand was through England. Shortly after landing in England he committed murder and was convicted in England, but was found to be insane, and was detained in a criminal lunatic asylum.

Held, that C. had forfeited the annuity.

By his will, dated 1st June, 1874, Francis Crumpe made the following bequest: “I leave and bequeath an annuity of £120 a year, to be paid by £60 half-yearly to my nephew, John Langford Crumpe, to be paid to him only in Australia or any British Colony, where he may desire it to be remitted to him through the Provincial Bank, or any Colonial Bank in London. Let him then put his shoulder to the wheel to some profitable or useful purpose. Having lived there some years, he ought to know what to do; and should the said John Langford Crumpe return to Ireland, England, or Scotland, I then revoke this annuity for the said John Langford Crumpe, and lie has my leave to die in the poor-house. And should this annuity at any time be revoked from the said John L. Crumpe, I then divide this annuity into two equal parts, one-half to be given as Sustentation Fund to the Irish Disestablished Tralee Church, and the second portion to be given to the officiating clergyman, in or of Tralee Church, and by him to be doled out to the poor on every Christmas Day, according to his discretion, during the life of the said John L. Crumpe. On his decease then it reverts to my personal property.”

After the death of the testator the annuity was paid to the said John L. Crumpe, till 1907. In the spring of 1907, John L. Crumpe, who had resided in New Zealand from the death of the testator, landed in England, and on 22nd May, 1907, he murdered Mary Crumpe in England, and at the Winchester Summer Assizes, 1907...