The Record of Title Act, 1865, and of The Rev. John Sheridan, A Recorded Owner. Folio No. 519

• Jurisdiction: Ireland
• Judgment Date: 08 March 1886
• Date: 08 March 1886
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

Monroe, J.

IN THE MATTER OF THE RECORD OF TITLE ACT, 1865, AND OF THE REV. JOHN SHERIDAN, A RECORDED OWNER. FOLIO NO. 519.

Hick v. DringENR 2 M. & S. 448.

Doe d. Haw v. EarlesENR 15 M. & W. 450.

Hogan v. Jackson Cowp. 299.

Penwarden v. GibertENR 3 Br. & B. 85.

Tanner v. Moore 3 p. W. 294.

Smith v. CoffinENR 2 H. BL 444.

Andrew v. LainchburyENR 11 East. 290.

Edwards v. BarnesENR 2 Bing. N. C. 252.

Chillcott v. WhiteENR 1 East. 33.

Frankin v. TroutENR 15 East. 394.

Marquis Titchfield v. HorncastleUNK 2 Jur. 610.

Wright v. SheltonUNK 18 Jur. 445.

Goods of J. E. O'Loughlin L. R. 2 P. & M. 102.

Tanner v. wise 3 P. Wins. 295.

Smyth v. Smyth 8 Ch. Div. 561.

Hogan v. Jackson Cowp. 299.

Doe v. DringENR 2 M. & S. 448.

Hogan v. Jackson Cowp. 299.

In Tanner v. Wise 3 P. W. 295.

Smyth v. Smyth 8 Ch. Div. 561.

Will — Construction — "Temporal effects" — Real and personal property.

VOL. XVII.] CHANCERY DIVISION. 179 IN THE MATTER OF THE RECORD OF TITLE ACT, 1865, Monroe, I. AND OF THE REV. JOHN SHERIDAN, A RECORDED 1886. OWNER. FOLIO NO. 519. March 2, 8. Will-Construction-" Temporal effects "-Real and personal property. " Temporal effects" in a will held to include real estate. APPLICATION on behalf of James Sheridan, the heir-at-law and. executor of the Rev. John Sheridan the recorded owner, that on the construction of the will of the said Rev. John Sheridan the real estate recorded passed, as in the case of intestacy, to the said James Sheridan as such heir-at-law, and that the said James Sheridan should be recorded as the owner in place of the said Rev. John Sheridan. The Rev. John Sheridan, who was recorded as owner in fee-simple in possession of the house and lands of Princeville, Dalkey, died on the 11th of August, 1881, having by his will, dated the 14th December, 1869, appointed the applicant executor thereof. The testator, on the 12th January, 1870, executed a codicil, but neither will nor codicil contained any specific devise of the said house and lands. The question before the Court on this appliÂcation was, whether or not the house and lands were covered by the words " temporal effects," which occurred in the will as follows :-" I wish and direct that . . . after my demise, with all convenient speed, that all my temporal effects be sold by public auction, save and except all my silver plate," &c. The testator, after certain bequests, devised the residue of the proceeds of such sale to certain charities. Mr. Carton, Q.C., on behalf of James Sheridan : The question is, whether the Rev. John Sheridan died intesÂtate, and that his heir takes, or whether the lands go to the residue ? The word " effects," without the word " real," or some LAW REPORTS (IRELAND). [L. R. L other extending word, will not pass real estate : .Doe d. Hick v.. Dring (1) ; Doe d. Haw v. Earles (2). In the earliest case on similar expressions, where the words were "my worldly substance," there were subsequent words-" all the effects real and personal" -which were held to include not merely real chattels, but realty: Hogan v. Jackson (3). In the case of Doe d. Penwarden v. Gilbert (4) the words were, " all my temporal estate and effects ;" and in that use the decision turned not upon the word " effects," but upon the word " estate." The ground of decision was the same in Tanner v. Moore (5). [Monroe, J.: I have been conÂsidering whether I should not adjourn this case for the attendance of the Attorney-General; but I have come to the conclusion, that although not strictly correct, I may allow it to proceed in his absence, the estate being so small-some £185-that further costs might swallow it all up.] The nonsense of one man cannot be a guide for that of another, per Buller, J., in Smith v. Coffin...