Re McDonnell. McDonnell v McDonnell

• Jurisdiction: Ireland
• Judgment Date: 24 March 1965
• Date: 24 March 1965
• Court: High Court

(H.C.)

In re McDonnell

McDonnell

and

McDonnell

Gift over -Condition that beneficiary behave to satisfaction of trustees - No decision by trustees concerning behaviour of beneficiary - Beneficiary entitled absolutely - Will - Construction - Devise of freehold lands - Partial restriction upon alienation -Void restriction.

A testator, J.McD., devised and bequeathed all his property to the executors and trustees of his will in trust for his wife for her life, with remainder to his son P. provided that he behaved to the satisfaction of the executors. The testator directed that the executors and trustees should hold the property in trust for another son of the testator in the event of P. failing so to behave. The testator also directed that his freehold lands should not be sold or assigned to any person "who is not a member or a descendant of a member of my family." The testator died on the 1st December, 1925, and his wife died on the 2nd November 1955. The testator's son P. died on the 27th March, 1956, without any decision upon his behaviour having been made by any executor or trustee of the testator's will. The testator's son P. devised the said lands by his will to the plaintiff. Probate of the will of P. was granted to the plaintiff on the 12th August, 1963. Letters of administration (with will annexed) of the personal estate of the testator, J.McD., were granted to the plaintiff on the 5th May 1964. Held by Budd J. 1, that the condition as to the said testator's son P. behaving and conducting himself to the...