Re Nolan, Deceased; Sheridan v Nolan

• Jurisdiction: Ireland
• Judgment Date: 30 November 1911
• Date: 30 November 1911
• Docket Number: (1911. No. 853.)
• Court: Chancery Division (Ireland)

In re Nolan Deceased;

Sheridan

and

Nolan.

M. R.

(1911. No. 853.)

CASES

DETERMINITD BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND.

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1912.

Will — Construction — Gift for “support” of children — Joint tenancy.

A testator gave to his daughter A all the cash, he had in bank, to be used by her for her own support and that of his children B and C, and gave to her all his stock-in-trade, and furniture and other effects, to be applied by her for the like purpose. B and C were adults at the date of the will.

Held, that the word “support” was equivalent to “benefit,” and that A, B, and C, took the property absolutely and as joint tenants.

Summons.

This was an application on behalf of Teresa Sheridan, one of the legatees named in the will of James Nolan, for the determination of the following question arising on the construction of his will, namely:—On the true construction of the will of the said deceased what estate and interest passed to Mary Nolan, Teresa Nolan (now Teresa Sheridan), and Jeremiah Nolan, in the testator's cash in bank, stock-in-trade, and furniture and other effects and goodwill of the business carried on by him, under the devise and bequest thereof contained in the said will? James Nolan was a bootmaker, and carried on business and lived at 3 Mary's Lane, in the City of Dublin. He died on December 25th, 1905, having made his will on December 24th, 1905. The will, so far as material, was as follows:—“I give, devise, and bequeath to my daughter Mary all the cash I may have in bank to be used by her for her own support and that of my children Teresa and Jeremiah. I also give, devise, and bequeath to her all the stock-in-trade, furniture, and other effects, to be applied by her for the like purpose, together with the goodwill of the business carried on by me. I give, devise, and bequeath the head- or ground-rents which I am entitled to out of the houses situate at 24, 25, and 26 Capel Street, and No. 8 Jervis Lane, and 62, 63, and 64 Mary Street, Dublin, equally between all my children, viz., Mary Nolan, Anna Rock, James Nolan, Christopher Nolan, Joseph Nolan, Teresa Nolan, and Jeremiah Nolan, the said ground- or head-rents to be collected by my executors hereinafter named, and paid over to my said children in equal proportions every half year. I direct that the said head- or ground-rents shall not be sold during the lifetime of any of my said children. I appoint my daughter Mary Nolan and my son Christopher Nolan executrix and executor and trustees of this my last will.” The will was proved on January 30th, 1906, by Christopher Nolan and Mary Nolan, the executor and executrix named. The net personal estate was sworn at £5138 12s. 8d. and the real estate at £1760. Mary Nolan died on July 23rd, 1911, having made her will dated July 16th, 1911, and whereof she appointed her brother Christopher Nolan and her sister Anna Rock executors and trustees. Her will had not been proved, but had been propounded by the executors and contested by two of her brothers. By her will she disposed of her share of her fathers property in favour of her brothers and sisters Christopher, Joseph, Jeremiah, Anna Rock, and Teresa Sheridan, in equal shares as joint tenants. Teresa Nolan married Patrick Sheridan on June 1st, 1908. All the legatees named in the will of James Nolan survived him. At the date of his death there resided in his house together Mary Nolan, then aged forty-five years, the eldest of the family, who had the entire control and management of the household affairs since her mother's death some years before, Teresa, aged twenty-five years, and Jeremiah, aged twenty-four years. They continued to reside together until Teresa married Patrick Sheridan in 1908, and Mary and Jeremiah resided together till her death in July, 1911. Mary Nolan supported Jeremiah till the date of her death and Teresa till her marriage.

Teresa Sheridan was advised that Mary Nolan had no power to dispose of her share of her father's property, and this summons was accordingly taken out on her behalf.

Christopher Nolan and Anna Rock were named defendants.

Timothy Sullivan, for the plaintiff, Teresa Sheridan:—

Mary Nolan had no power to dispose of her share of her father's property; she was a trustee of it for herself and her sister Teresa and her brother Jeremiah, and the three were joint tenants. Even if it were held that Mary Nolan took a life interest in the property, with a remainder to Teresa and Jeremiah, that would not now affect Teresa's claim to be declared joint tenant with Jeremiah. In a case...