Re Maher, Maher and Another v Cody and Others

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

(H.C.)

In re Maher, Maher and Another

and

Cody and Others

Bequest of "my dwellinghouse and licensed premises . . with all stock-in-trade, household furniture and effects thereon and all the book-debts due to the said business" - Testator carrying on grocery, drapery and licensed business - Whether debts due by all businesses payable out of general estate - Whether all stock-in-trade and book debts passed - Whether liquor licence passed.

M., the testatrix, had carried on a grocery, drapery and publican's business in a single premises. She lived in the upper part of the same premises. By will she bequeathed "to my grandson [M.C.] . . . my dwelling-house and licensed premises at Bagenalstown with all stock in trade, household furniture and effects thereon and all book debts due to the said business." No provision was made in the will for the payment of debts. Held by Kenny J. (1) That the bequest to M.C.was not a bequest of a business, and consequently the...