Re McDonogh's Trusts

• Jurisdiction: Ireland
• Judgment Date: 01 January 1932
• Date: 01 January 1932
• Court: Supreme Court (Irish Free State)

S. C., I.F.S.])

In re McDonogh's Trusts

Death of tenant for life - Resulting trust for heir-at-law of settlor - Devolution of moneys on death intestate of settlor's heir-at-law - Whether passing to his personal representative or to his heiress-at-law -Settled Land Act, 1882, s. 2 (2); s. 22 (5).

Under the will of a testator who died in 1886, and in the events that had happened, the trustees of the will held the testator's freehold hereditaments in trust for the testator's son, A. W. McD., for life, and after his decease in trust for his (A. W. McD.'s) son or sons then living. The will contained no trust in the event of there being no such son. A. W. McD. died in 1929, intestate and without having married. During the lifetime of A. W. McD. portion of the lands had been sold under the Land Acts, 1903-1909, and the purchase money had been paid to trustees for the purpose of the Settled Land Acts of the settlement created by the will. Held, by Meredith, J., and on appeal his decision was affirmed by the Supreme Court, that on the death of A. W. McD. the purchase money, being "capital money arising under the Act"to which s. 22 (5) of the Settled Land Act, 1882, applied, was held on a resulting trust for the heir-at-law of the testator, namely, A. W. McD.; that Bennett v. Lucas,IR [1929] I. R. 606, established that the devolution on the intestacy of A. W. McD. was one d...