The Estate and of the Will of Frank McDonogh. McDonogh v Byrne and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1930
• Date: 01 January 1930
• Court: Supreme Court (Irish Free State)

[H. C., I.F.S.],

In the Matter of the Estate and of the Will of Frank M'Donogh.M'Donogh

and

Byrne and others

Absolute gift or precatory trust.

A testator by his will devised and bequeathed to his wife "all the real and personal estate and property that I am now or may hereafter become possessed of, absolutely,"and added the words—"And I request her to leave by her will the house property situate in K. to one of the daughters of my late cousin, Dr. J. McD., late of K., giving her absolute unfettered discretion in the choice of which of said daughters she may so favour." Held,that the widow took an absolute interest free from any trusts or executory limitations. In re Humphrey's Estate, [1916] 1 I. R. 21...