Re Knox, Deceased Snodgrass v Gamble

JurisdictionIreland
JudgeBarton, J.
Judgment Date17 December 1909
CourtChancery Division (Ireland)
Date17 December 1909

In re Knox, Deceased;

Snodgrass
and
Gamble.

Barton, J.

CASES

DETERMINED 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.

1910.

Will — Charitable bequest of land — English charity — Death of testator within three months — Failure of gift — 7 & 8 Vict. c. 97, s. 16.

A testatrix bequeathed all her property, of whatsoever nature and kind, to her executors, upon trust to sell same and convert into money, and out of the proceeds to pay debts and certain legacies, and to divide the remainder among certain charities, one of which was Dr. Barnardo's Homes in London. The only property applicable for the discharge of the charitable legacies consisted of a farm of land held under a judicial tenancy. The testator died within three months after making her will:—

Held, that the gift failed.

Boyle v. Boyle (I. R. 11 Eq. 433) followed. In re Brown, Deceased; Brown v. Harrison (35 Ir. L. T. R. 25) not followed.

Originating Summons.

Application on behalf of Andrew Snodgrass, executor of the will of Agnes Knox, deceased, for the determination of the question whether Dr. Barnardo's Homes, the Belfast Cripples' Home or Institution, and the Society for the Prevention of Cruelty to Animals were entitled to the residue or any part of the property dealt with in the will and codicil of said deceased. By testatrix's will, dated 6th May, 1909, she left all her property, of whatsoever nature and kind, to her executors, “upon trust to sell same, and con-vert into money, and out of the proceeds thereof” to pay debts and certain legacies. The will then provided that “the remainder of my property after the payment of my debts and the above-mentioned legacies is to be divided in equal proportions between the following institutions, viz.:—Dr. Barnardo's Homes, The Belfast Cripples' Home, and the Society for the Prevention of Cruelty to Animals.” In a codicil dated 17th May, 1909, testatrix gave additional legacies, and added: “The legacies before mentioned are to be paid first out of my estate, and in all other respects I confirm my said will, and I direct that the legacies and bequests mentioned in my previous will to the charitable institutions therein named shall abate in equal proportions, and be paid out of the residue of my estate.” The testatrix died on 18th May, 1909, and probate was, on 14th July, 1909, granted to the applicant. The only property which could be applied to...

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2 cases
  • M'Dermott v Anderson
    • Ireland
    • King's Bench Division (Ireland)
    • December 1, 1914
    ...to the charities failed so far as they were payable out of the proceeds of the sale of land. In re Knox, deceased, Snodgrass v. Gamble. [1910] 1 I. R. 20, and Boyle v. Boyle, I. R. 11 Eq. 433, followed; Brown v. Harrison, 35 I. L. T. R. 25, not followed. (2) That as regards the lapsed porti......
  • Re Byrne, deceased. Shaw v Attorney-General and Others
    • Ireland
    • Supreme Court (Irish Free State)
    • January 1, 1936
    ...Ir. Jur. N. S. 350. (1) 14 Ir. Ch. R. 297, 371. (2) I. R. 5 Eq. 523. (3) 18 W. R. 1154. (4) I. R. 6 Eq. 220. (5) 3 L. R. Ir. 135. (6) [1910] 1 I. R. 20. (7) [1915] 1 I. R. (8) [1916] 1 I. R. 359. (9) [1923] 1 I. R. 142. (10) 1 White & Tudor, L.C. (8th Ed.) 347, at p. 350. (11) [1911] 1 I. R......

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