CourtChancery Division (Ireland)
Judgment Date11 May 1907
Docket Number(1907. No. 315.)
Date11 May 1907


Barton, J.

(1907. No. 315.)




Anderson v. AndersonELR L. R. 13 Eq. 381.

Doe d. Biddulph v. Hole 15 Q. B. 848, 858.

Doe d. Biddulph v. Hole 15 Q. B. 848.

Hopwood v. Hopwood 7 H. L. Cas. 728, at p. 740.

Hopwood v. Hopwood 7 H. L. Cas. 728.

In re BlackburnELR 43 Ch. D. 75.

In re ChampionELR [1893] 1 Ch. 101.

In re FarrerUNK 8 Ir. C. L. R. 370.

In re FraserELR [1904] 1 Ch. 726.

In re RayerELR [1903] 1 Ch. 685.

Mountcashell v. SmythIR [1895] 1 I. R. 346.

Powys v. MansfieldENR 3 My. & Cr. 359.

Stilwell v. Mellersh 20 L. J. (N. S. Ch. 356.

Truro's CaseELR L. R.1 P. & D. 201.

Gift of land to charity — Will — Republication by subsequent codicil — Death of testator within three months — Validity of gift — 7 & 8 Vict. c. 97, s. 16.

Vox,. 1.] CHANCERY DIVISION. 315 Here we have got a section that, admittedly, applies to this Appeal. case ; and the only thing that we have to ascertain is what it is 1907. that is to be done in the application of the section to the case. In re Tuomsott's The section is, to my mind, as clear as it can be, and I do not ESTATE. intend to add anything to what has been already said by the Lord Holmes, L.J. Chancellor and Lord Justice FitzGibbon. Solicitors for the appellant : T. F. O'Connell 8c Son. Solicitors for the respondent : S. S. 83, E. Reeves Sons. R. ST. J. C. IN RE MOORE, DECEASED. (LONG v. MOORE.) (1907. No. 315.) Gift of land to charity—Will—Republication by subsequent codicil—Death of testator within three months—Validity of gift-7 It 8 Viet. e. 97, s. 16. A charitable gift of land is not invalidated merely by the fact that the 'will containing it is confirmed and republished by a codicil made less than three months before the death. A testator, by a will executed more than three months prior to his death, devised the residue of his property, consisting partly of lands, to a charity. By two codicils, both executed less than three months prior to his death, the testator made some additional bequests in favour of certain persons, the only effect of which, as regards the residue, was to reduce it, and otherwise he confirmed his will :— Held, that the devise of the lands for charitable purposes was not invalidated. BY his will dated 6th January, 1906, John Davis Moore, of 18 Monaghan Street, Newry, appointed Robert J. Long and James Hendren executors and trustees of his will, and, after certain legacies, bequests, and directions, devised and bequeathed the residue of his real and personal estate to his trustees and executors upon trust " for and to pay over the same to or for the benefit of the society formed in Belfast in the year 1866, called the Presbyterian Orphan Society."' 316 THE IRISH REPORTS. [1907. Barton, By a codicil to his will dated 21st August, 1906, testator 1907. bequeathed a legacy of £50 to a legatee therein named, and in all LONG other respects confirmed his said will. v. MooRE. By a second codicil to his will, dated 7th September, 1906, testator declared certain trusts concerning property belonging to him in...

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2 cases
  • Grealey v Sampson
    • Ireland
    • Chancery Division (Ireland)
    • 29 January 1917
    ...Hurst v. BeachENR 5 Madd. 351, at p. 358. In re ChampionELR [1893] 1 Ch. 101. In re SmithELR 45 Ch. D. 632, at p. 636. Long v. MooreIR [1907] 1 I. R. 315. MeredithENR 2 M. & S. 5, at p. 14. Mountcashell v. SmythIR [1895] 1 I. R. 346, at p. 362. Osborne v. Duke of Leeds 5 Ves. 368, at p. 379......
  • The Estate of Robert Ball Steele, Deceased; John Treacy Steele v Robert Laurence Ball Steele and Robert Montgomery Ball Steele
    • Ireland
    • Court of Appeal (Ireland)
    • 21 April 1913
    ...359, 375. (5) 1 Y. & C. C. C. 580. (2) 7 H. L. C. 728, at p. 747. (6) [1895] 1 Ch. 724. (3) [1895] 1 I. R. 346. (7) 1 J. & H. 424. (4) [1907] 1 I. R. 315 (8) 1 Cot, Ch. C. 167. VoL. I.] CHANCERY DIVISION. 299 John Treacy Steele appealed to the Court of Appeal (1). S. L. Brown, KC., G. W. Wa......

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