Re Hennessy; Hennessy v Hennessy and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1964
• Date: 01 January 1964
• Court: High Court

(H.C.)

In re Hennessy; Hennessy

and

Hennessy and Others

Substitutional gift subject to similar condition - Condition subsequent -Failure by reason of uncertainty.

Richard Hennessy by his will devised his farm to his wife for life and continued: "On her demise I bequeath the aforementioned farm to my son Shaun or his issue if he wishes to farm it and carry on same as he thinks best, if not to my daughter Yvonne or her issue. If either my son of my daughter or their issue do not survive or wish to carry on the farm, I wish it to go to my brother Joseph Hennessy for one of his sons. It is my will that this farm should remain in the family." At the date of the death of the testator the lands were held under a judicial tenancy but were subsequently vested in his widow Marjorie Hennessy subject to equities. The testator died on 29th May, 1931. He was survived by his widow Marjorie Hennessy and his son Shaun and daughter Yvonne. Shaun died unmarried and without issue on 28th January, 1939. At the date of institution of of proceedings Yvonne was married and had one son. It was held by Budd J. (1) The gift to Shaun or his issue was conditional upon him, or his issue, surviving the life tenant, and as he did not survive the life tenant and as he had no issue he or they did not...