Re Thomas Geeally, Deceased, Edwaed Joseph Travees v Catheeine O'Donoghue

• Jurisdiction: Ireland
• Judgment Date: 18 April 1910
• Date: 18 April 1910
• Court: Chancery Division (Ireland)

In re Thomas Greally, Deceased, Edward Joseph Travers

and

Catherine O'Donoghue.

M. R.

CASES

DETERMINED 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.

1910.

Will — Construction — Legacy — Residuary legatee — Primarily referable to legatee of personal estate — When having an extended meaning — May embrace real estate — Charitable legacy, failure of — 7 & 8 Vict. c. 97, s. 16.

Prima facie “residuary legatee” refers only to the legatee of personal estate; but the context may enable the Court to give a wider meaning to the words “residuary legatee,” and to hold that the words are wide enough to embrace real estate, which, in the events that have happened, is undisposed of.

Pitman v. Stevens (15 East, 505) applied.

Summons in an administration matter.

The testator, Thomas Greally, made his will in the following terms:—“This is the last will and testament of me, Thomas Greally, of No. 18 Patrick Ptreet, Dublin, and I hereby revoke all former and other wills or will by me at any time heretofore made. I give, devise, and bequeath all my property, whether real or personal, to my aunt, Margaret Dempsey, widow, whom I hereby appoint sole executrix and trustee of this my will upon the following trusts, videlicet:—I leave and bequeath to her for her own sole use and benefit during her life the rents now receivable by me out of four holdings I have in Dolphin's Barn, Dublin, and out of two other holdings I have in the county Monaghan and the county Sligo, and upon her decease I give, devise, and bequeath the rents payable out of all said six holdings (save the one in Dolphin's Barn, which I have otherwise disposed of as will hereinafter appear) to my brother, John Greally, for his life, and until his bankruptcy, and on the happening of either of said events, then to his wife for life, and on her death, or upon the death or bankruptcy of said John Greally, if a widower, when either of said events shall happen, then I give, devise, and bequeath all said holdings (save the one otherwise dealt with as hereinafter mentioned) equally to and amongst such children of the said John Greally as shall then be living. I give, devise, and bequeath to the trustees of the Mater

Misericordiæ Hospital the premises in Dolphin's Barn, Dublin, described as lot one in the rental under which I purchased, and formerly in occupation of James Biron, containing 2 acres and 2 roods, and...