Reeves v Reeves

• Jurisdiction: Ireland
• Court: King's Bench Division (Ireland)
• Judge: K. B. Div.
• Judgment Date: 26 February 1909
• Date: 26 February 1909

Reeves

and

Reeves (1).

K. B. Div.

Probate.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1909.

Probate — Revocation — Two partly inconsistent wills admitted to probate — Execution of limited power of appointment — Intention — Power to look at original will.

Held, that there was no intention to revoke the appointment of executors and of the residue of R.'s property to T., and that the two wills could stand together, and should be admitted to probate.

Lemage v. Goodban (L. R. 1 P. & D. 57), Leslie v. Leslie (I. R. 6 Eq. 322), and Townsend v. Moore ([1905] P. 66) followed.

In order to construe a doubtful clause in a will, the Court may look at the original will to ascertain the punctuation, the introduction of capital letters, parentheses, and other marks, indicating where a sentence begins or ends.

Manning v. Purcell (7 D. M. & G. 55; 24 L. J., Ch. 523) and Turner v. Hellard (30 Ch. D. 390) followed.

Trial of Action.

This action was brought to establish as the will of Mary Reeves two testamentary documents, dated respectively the 24th April, 1903, and 28th August, 1905.

These wills were in the words and figures following:—

“This is the last will and testament of me, Mary Reeves, of Tramore, Douglas, Cork, spinster. I hereby revoke all former wills and testamentary instruments or writings made or executed by me. I direct my just debts, funeral and testamentary expenses, to be paid; and whereas my late sister Rebecca Morgan Reeves by her will, dated the nineteenth November, one thousand eight hundred and sixty-eight, after giving certain pecuniary legacies and making certain specific bequests as therein, gave, devised, and bequeathed all the rest and residue of her property that she might be possessed of or entitled to at the time of her death, to her eldest unmarried sister upon trust for her own use, and the use of her other unmarried sisters, as long as they should live together and unmarried, and she thereby ordered that any of them marrying or leaving the house (i.e., Tramore House) should cease to have any interest in the same, and she left the entire absolutely to the survivor of the three who should remain unmarried, to be hers until she married, and to be divided by her at her marriage by appointment, or at her death by will, among her brothers and sisters, or the children of any deceased brother or sister in such shares as she should see right. And whereas I was the eldest and am the last survivor of said unmarried sisters, now in pursuance of the power to me given by said will of my said sister Rebecca, and of all other powers me hereunto enabling, I appoint, devise, and bequeath all and whatsoever property real and personal, moneys and securities comprised in or vested in me, or over which I have disposing power under or by virtue of said will, in manner following, that is to say, to my dear brother Isaac, five pounds; to my dear sister Elizabeth, five pounds; to John Somerville and Annie, the children of my sister Anna Lindsay, five pounds each; to Rebecca Hill, one hundred pounds; to Rebecca, daughter of my late brother Somerville, one hundred pounds; and to her sister Mary and brother Somerville, five pounds each; to each of the daughters of my dear sister, Elizabeth Fleming, five pounds each; to Patty, Elsie, and Bob, children of my dear brother, Isaac, five pounds each, and to his eldest son Tom the residue of said property, real and personal, moneys and securities, including the two houses in Great George's Street, which belonged to my said sister Rebecca, number three let to Mr. Stack, and number five to Mr. Buckley and Mr. Faris, and also the property at Douglas, purchased by me from Mr. Dan Stoker out of moneys comprised in my said sister Rebecca's will. And whereas, my late sister Henrietta H. Reeves, deceased, by her will dated the thirty-first December, one thousand nine hundred and one, left all she died possessed of unto me for my own use, with a request to pay the legacies therein mentioned as soon as I conveniently could; now I hereby devise and bequeath to my dear nephew Thomas Somerville Reeves (son of my late dear brother Somerville) the lands of Monerea Marsh, referred to in said will, viz., Bandon Terminus, Tramway Terminus, and McSweeney's Yard, also the four houses at Tivoli, subject to an annuity of twenty pounds to be paid to my dear cousin Lily Jellett for her life as expressed in said will of my sister Henrietta, and I devise and bequeath unto my dear nephew Robert Clanmalier Reeves the three houses in Great George's Street and the shares in the Bandon Railway, all of which belonged to my said sister Henrietta, as mentioned in her said will, the said respective hereditaments and premises and shares to absolutely vest in my said nephews, respectively, as hereby devised and bequeathed to them respectively, on my decease; and I bequeath and direct that all other the specific and pecuniary legacies and bequests referred to in my said sister Henrietta's will, or such of them as shall not have been paid, discharged, and distributed by me during my life, shall upon my decease be paid, discharged, and distributed to the persons in that behalf named and as specified in my said sister Henrietta's will. I leave and bequeath to my niece Patty Reeves my necklace of one hundred pearls, and to my niece Elsie my emerald ring. And whereas my dear brother, the Dean of Ross, has heretofore lent me the sum of two thousand five hundred pounds to pay off a mortgage affecting that portion of the lands of Rockboro', my property, which the Cork Gas Consumers Company held from me as tenants, which sum remains due and owing by me to my said brother, now, I hereby subject and charge all my estate and interest in said lands of Rockboro' with said sum of two thousand five hundred pounds with interest thereon at the rate of four per cent. per annum from the date of my decease, and subject thereto I give, devise, and bequeath all my estate and interest in said lands of Rockboro' unto my said brother the Dean of Ross, and it is my wish that he should settle same upon or for the use and benefit of his daughter Elsie. And as to all the rest residue and remainder of my property, real and personal, goods, chattels and effects, including Tramore House and grounds as it stands and all it contains, I give, devise and bequeath the same to my said dear nephew, Thomas Somerville Reeves (son of the Dean of Ross), his executors, administrators, and assigns, absolutely, it being my desire that he should live at Tramore and fill the place towards his family and the parish, which our family have long endeavoured to fill, and I hope he will keep on or pension any of the following servants who may be in my service at my decease, namely:— James Ahern, William Copithorne, Thomas Wilson, Mary Farr, and Mary Brien; and I appoint my said nephews Thomas Somerville Reeves (son of the Dean of Ross) and Thomas Somerville Reeves (son of my brother the Reverend James Somerville Reeves) and Robert Clanmalier Reeves, executors hereof. In testimony whereof I have hereunto signed my name this twenty-fourth day of April, one thousand nine hundred and three. Signed, published, and declared by the said testatrix, Mary Reeves, as, and for her last will and testament, in the presence of us, who, in her presence, at her request, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses. T. J. Babington, solicitor, Cork. John O'Connor, solicitor's assistant, Cork. Mary Reeves.”

“The last will and testament of Mary Reeves, Tramore, Douglas, Cork. In te Domine speravi. I, Mary Reeves, do make this my last will and testament: Whereas, my late sister, Rebecca Morgan Reeves, by her will, dated November 19th, 1868, left all she died possessed of to her eldest unmarried sister for the benefit of herself and of her unmarried sisters, and finally to belong to her last unmarried sister, to be divided by her by will, as she pleased, among her brothers and sisters or their children. I now bequeath out of her property the sum of one hundred pounds to each of my dear brother Somerville's children—to Rebecca Hill, my niece, £100—to the Rev. T. S. Lindsay, and to his sister Annie, £5 each—to Elsie, Patty, and Bob, the children of my dear brother Isaac, £5 each—to my dear sister Elizabeth Fleming, and each of her daughters, £5 each,—and the residue of her property, consisting of No. 3 and No. 5 Great George's Street, Cork, together with the lands and houses which I purchased from Dan Stoker, round Douglas, and paid for after my sister Henrietta's death, as an investment of Rebecca's money, with all the reclamations, buildings, and improvements, to make it profitable, as it now is—I leave to Mrs. Adelaide Reeves, the widow of my dear brother Isaac, Dean of Ross, my lands of Rockboro' on which the gas-works and some houses stand, and for which the Cork Gas Consumers Company pay me rent, net about £174 per annum. This legacy is for payment of a debt of £2,500 which I owe him, her husband, my late dear brother Isaac, having lent me £2,500 to pay off a mortgage of £2,500 with which the property was charged when I bought it: Mrs. Reeves will therefore have to pay duty only on the balance of the value of the property, as the rest belongs to her already—and this £2,500 is one of my just and lawful debts, and must be deducted from the value of my property. I leave my pearl necklace, consisting of one hundred pearls, to my niece Elsie, and my emerald ring to my niece Patty, daughters of the late Dean of Ross, my brother Isaac; both of these are heir-looms, not to be parted with out of the family. As to the rest and residue of my property, I leave it to my dear nephew, Thomas Somerville Reeves, the eldest son of my brother Isaac, in hopes that he will find it for his...