Re Nolan; Hannon v Attorney General

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: Supreme Court

I.F.S.

In re Nolan, deceased. Hannon and Another

and

The Attorney-General and Others

Charitable bequests -Charitable Donations and Bequests Act, 1844 (7 8 Vict., c. 97), s. 16 - Will made within three months of death - "O'Hagan clause" -Mixed Fund - Marshalling of assets in favour of Charities.

Testatrix died having made her will within three months of the date of her death. Her will provided that if for any reason any charitable bequest therein should be void then she gave the sum so bequeathed to the person or persons named in such bequest or bequests absolutely. Her assets at the date of her death consisted of pure personalty, chattels real and realty. Held, a devise of real property to a charity was void and fell into the residue and, as the residuary devises, being all charitable, were also incapable of taking it, the property devolved on the heiress-at-law absolutely. Held further, the residuary gifts were valid as to so much of the residuary estate as consisted of pure personalty and void as to so much thereof as consisted...