Re Hogg; Pim v Trouton

• Jurisdiction: Ireland
• Judgment Date: 03 March 1944
• Date: 03 March 1944
• Docket Number: (1943, No. 205).
• Court: Supreme Court

(H.C., S.C.),

In re Hogg; Pim

and

Trouton

-No devise of realty -Appointment of "residuary legatee" with gift over to "residuary legatees and devisees" -Residuary legatee taking - Gift over inoperative -Whether realty carried by appointment of residuary legatee.

Testator, who died possessed of real and personal property, did not by his will specifically devise his real estate. He appointed his sister his residuary legatee and in the event of her predeceasing him he appointed her children his residuary legatees and devisees. Testator's sister survived him. On a summons to determine whether the residuary gift to his sister was sufficient to carry the testator's realty: Held by Gavan Duffy J. that the difference in the language used by the testator in appointing his sister residuary legatee and in appointing her children residuary legatees and devisees could not be disregarded, and he was bound by the authorities to decide that the residuary gift to testator's sister did not carry the realty. On appeal, the Supreme Court (Murnaghan, Geoghegan, O'Byrne and Black JJ.) was equally divided and the judgment of Gavan Duffy J. was accordingly...