Vuille, Deceased. Hayes v Williams

• Jurisdiction: Ireland
• Judge: M. R.
• Judgment Date: 13 November 1917
• Court: Chancery Division (Ireland)
• Docket Number: (1917. No. 837.)
• Date: 13 November 1917

Vuille, Deceased. Hayes

and

Williams.

M. R.

(1917. No. 837.)

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.

1918.

Will — Ademption — Gift of share of partnership property of ascertained amount — Lunacy of Testatrix — Withdrawal of share and investment in Consols.

A testatrix, a partner in a school, bequeathed her share to one of the partners in the following terms: “To A. W. I bequeath my share of the furniture and goodwill in the F. School which amount to £600.” The agreement of partnership, executed shortly after the date of the will, provided that upon the withdrawal of any partner the continuing partners should have the option to purchase the share of the withdrawing partner for £600. Shortly after the execution of the partnership agreement the testatrix was found a lunatic, and under an order in the lunacy matter the continuing partners lodged £600 to the credit of the matter, and it was invested in Consols.

Upon the death of the lunatic the question arose whether the legacy had been adeemed.

Held, that it was unnecessary to decide whether the order in lunacy worked an ademption, as the bequest was of an ascertained sum of £600, and that the legatee was entitled to the consols in which the £600 had been invested.

Originating Summons.

The testatrix, Zeline Constance Vuille, prior to the making of her will, conducted a school at Bray, in the County of Wicklow, known as the French School, in partnership with Anna J. Williams and Caroline E. Reilly.

By her will, dated December 20th, 1891, the testatrix bequeathed her share in the school to Anna J. Williams in the following terms:— “To Anna Williams of the French School Bray I give and bequeath my share of the furniture and goodwill in the French School which amount to £600.” She bequeathed one moiety of the residue of her property to the Société Évangélique de Genève, established at Geneva, 7 Rue Jabagan, and the other moiety to the Èglises Independantes de Vaud Neuchatel et Genève, on the conditions therein mentioned, and appointed William Hayes and William Henry Wilson her executors.

On March 21st, 1892, a formal agreement of partnership was entered into between the testatrix, Anna J. Williams, and Caroline E. Reilly. This agreement recited that Anna J. Williams, Caroline E. Reilly, and the testatrix had for some years past carried on the business of school mistresses in the school called the French School, Bray, but that the lessee's interest in the school premises, and the furniture, stock-in-trade, and school requisites in the school, together with the goodwill of the school, was the property of the partners thereto in equal shares, and that they had agreed that the value of the said property should be taken to amount to £1,800. Clause 1 of the agreement provided that the partnership should commence as from July 1st, 1891, and continue for a term of fifteen years, subject to determination as thereinafter mentioned, and that the whole of the property therein before described should, subject to the partnership, belong to the parties in equal shares. Clause 6 provided that upon the death of any of the partners in the lifetime of the others or other of them during the partnership, or upon the withdrawal of any partner as thereinafter provided, the surviving or continuing partner or partners should have the option of purchasing the share or shares of the partner or partners dying or withdrawing of and in the said joint...