Re Noble's Trusts and The 11 & 12 Vict. C. 68

• Jurisdiction: Ireland
• Judgment Date: 11 May 1870
• Date: 11 May 1870
• Court: Rolls Court (Ireland)

Rolls.

In re NOBLE'S TRUSTS AND THE 11 & 12 VICT. C. 68.

Delmare v. Rebello 3 Br. C. C. 446.

Bernasconi v. AtkinsonENR 10 Hare, 345.

Pryce v. NewboltENR 14 Sim. 354.

Chevalier v. HuthwaiteENR 3 B. & Ald. 632.

Hiscocks v. HiscocksENR 5 M. & W. 369.

Daubeny v. CoghlanENR 12 Sim. 507.

Holmes v. Custance 12 Ves. 279.

Standen v. Standen 2 Ves. Jun. 589.

Lord Camoys v. BlundellENR 1 H. L. C. 778.

Lord Camoys v. BlundellENR 1 H. L. C. 786.

In re Feltham's TrustsENR 1 K. & J. 528.

Ryall v. HarmanENR 10 Beav. 536.

Douglas v. FellowsENR 1 Kay, 114.

Fleming v. Fleming 1 Hur. & Colt. 242.

In re Gregory's Settlement 11 Jur. N. S. 774.

Will — Legacy — Misdescription of Legatees — Extrinsic Evidence.

140 THE IRISH REPORTS. [I. R. V. C. Court. sustain the grounds of defence relied on, :and I must, therefore, 1870. decree specific performance against both, with costs. Solicitor for the Plaintiff: Mr. T. F. White. Solicitor for the Defendant, Mrs. Jacob : Mr. IV. Hayes. Solicitor for the Defendant, Millie : Mr. Roe. Rolls. In re NOBLE'S TRUSTS AND THE 11 & 12 Vicr. c. 68. 1870. Will-Legacy-Misdescription of Legatees-Extrinsic Evidence. May 11. A testatrix left by her will " to the five children of the late Post Captain Horatio Nelson N., her husband's son," £50 each. Her husband had two sons, Horatio Nelson N., who had been a Major in the Indian Army, and was dead many years, and Jeffrey N., who had died shortly before the testatrix, and had been a Post Captain in the Navy. There were five children of each son living at the date of the will. It -was proved that the testatrix had been on terms of great intimacy and affection with J. N. and his children, but had little intercourse with the children of H. N. N. ; that she had directed the widow of J. N. to be written to for the Christian names of her children shortly before making her will ; and when the will was read over to her, she had directed the word " Post" to be inserted in the draft before " Captain." Held, that the children of J. N., the Post Captain, were entitled to the legacies. Costs given, out of a fund lodged under the Trustee Relief Act, to unsuccessÂÂÂful claimants, where the question regarding its distribution arose on an amÂÂÂbiguity in the will. As the facts are stated in the head-note and in the judgment, it is unnecessary to insert them here. Arr. Law, Q. C., and Mr. Kay, for the Petitioners, the chilÂÂÂdren of Horatio Nelson Noble, relied on the maxim Veritas nominis tollit errorem demonstrations. They cited Delmore v. ReÂÂÂbello (1) ; Bernasconi v. Atkinson (2) ; Pryce v. Hewbolt (3); CheÂÂÂvalier v. Huthwaite (4) ; Doe d. Hiscocks v. Hiscocks (5) ; Daubeny v. Coghlan (6) ; Holmes v. Custance (7); Standen v. Standen (8) ; Lord Camoys v. Blundell (9). (1) 3 Br. C. C. 446. (2) 10 Hare, 345. (3) 14 Sim. 354. (4) 3 B. & Ald. 632. (5) 5 M. & W. 369. (6) 12 Sim. 507. (7) 12 Ves. 279. (8) 2 Ves. Jun. 589. (9) 1 H. L. C. 778. or.. V.] EQUITY SERIES. Hr. G. Fitzgibbon, for the children of Jeffrey Noble, contended that the ease was one of ambiguity in the description of the legatees, in which extrinsic evidence (1), including declarations of intention was admissible. Taylor on Ev. § 1109: Lord Camoys ) Blundell (2) ; and that it was clear on the evidence that a mistake had been made in inserting in the will the name of Horatio Nelson Noble for that of Jeffrey Noble : in re Feltham's Trusts (3) ; Ryall v. Harman (4) ; Douglas v. Fellows (5) ; Fleming v. Fleming (6) ; In re Gregory's Settlement (7). THE MASTER OF THE ROLLS : This ease is not free from difficulty, but it has been so fully argued that I am in a position to...