Twigg v Twigg

• Jurisdiction: Ireland
• Judgment Date: 24 November 1933
• Date: 24 November 1933
• Year: 1933
• Court: Supreme Court (Irish Free State)

Twigg v. Twigg.

ROBERT HODDER TWIGG

Plaintiff

and

ANNA M. TWIGG and LUCY TWIGG

Defendants.

Will - Construction - Trustees to hold trust fund as well as to capital as income in trust for testator's nephews and nieces - Recommendation that nephews and nieces should expend the money on the education of their children - Whether joint tenancy or tenancy in common.

Construction Summons

By his will, dated the 30th day of March, 1916, John Hill Twigg, having made certain bequests and provided for the payment of £1,000 per annum to his wife for life, devised and bequeathed the residue of his estate to his trustees upon trust to sell, call in and convert the same into money, with power to postpone such sale and conversion. Testator then directed his trustees to hold the trust fund "as well as to capital as income in trust for the children of my brothers William Robert Twigg and George Despard Twigg per capita and not per stirpes."The will then continued:— "I strongly recommend, but not so as to impose any trust, that my nephews and nieces should so far as possible expend the money so given to them as aforesaid on the education of their children, who shall be brought up as Irish men and women according to Irish ideas."

The testator died on the 6th day of January, 1917, leaving the following children of his said brother William Robert Twigg him surviving, viz.: Lucy Twigg, one of the defendants, Muriel G. Twigg, Robert Hodder Twigg, Surgeon Commander F. J. D. Twigg, Mrs. Eleanor Foley Major Thomas Hill Twigg and Richard Giles Twigg, and the following children of his said brother George Despard Twigg, viz.: Georgiana A. D. Twigg, Commander Francis W. D. Twigg and Commander Alan G. D. Twigg. No other child of either of testator's said brothers was born after the testator's death.

The plaintiff, Robert Hodder Twigg, the executor, brought this summons for the determination of the following question:— "Is the trust in the said will contained for the children of William Robert Twigg and George Despard Twigg per capita a trust for the said children as joint tenants or as tenants in common?"

A testator, having bequeathed certain legacies and provided for the payment of an annual sum of money to his wife, bequeathed the residue of his estate to his trustees upon trust to sell and convert into money, and then directed his trustees to hold the trust fund "as well as to capital as income in trust for the children of my...