Walsh v Walsh

• Jurisdiction: Ireland
• Judgment Date: 15 June 1869
• Date: 15 June 1869
• Court: Chancery Division (Ireland)

V. C. Court.

WALSH

and

WALSH.

Cresswell v. CheslynENR 2 Eden, 123; 3 Bro. p. C. (Toml.) 246.

Sykes v. SykesELRELR L. R. 4 Eq. 200; affd. l. r. 3 Ch. 301.

Hooley v. HattonUNK 2 W. & T. L. C. 313.

Sims v. Quinlan 16 Ir. Ch. R. 191; affd. 17 Ir. Ch. R. 43.

Re Mary Wood's WillENR 29 Beav. 236.

Cresswell v. CheslynENR 3 Bro. P. C. 246.

Sykes v. SykesELRELR L. R. 4 Eq. 200; L. R. 3 Ch. 301.

Lee v. PainENR 4 Hare, 216.

Cresswell v. CheslynENR 2 Eden, 123.

Shaw v. M'Mahon 4 Dr. & War. 431.

Sykes v. SykesELRELR L. R. 4 Eq. 200; L. R. 3 Ch. 301; 1 Jar. 158.

Hickson v. Wolfe 7 Ir. Ch. R. 452; affd. 9 Ir. Ch. R. 144.

Cresswell v. CheslynENRENR 2 Eden, 123; 3 Bro. p. C. 246.

Sykes v. SykesELRELR L. R. 4 Eq. 200; l. R. 3 Ch. 301.

Benyon v. Benyon 17 Ves. 34.

Cheslyn v. CresswellENR 3 Bro. P. C. 246.

Will — Construction — Revocation — Cumulative Legacy.

396 THE IRISH REPORTS. Rolls. great force which a reference to the Statute of Distributions has in such cases as the present. I must vary the Master's order, by declaring that the next of kin of William John Day, at the time of his own death, were the persons entitled to this fund, and make the order conformable to that declaration. I shall give no costs of the appeal. Solicitor for the Appellant : John Orpen. Solicitor for other Next of Kin : J. Lane. WALSH t. WALSH. Will-Construction-Revocation-Cumulative Legacy. A testator by will, in 1860, gave all his property to trustees, in trust (amongst others), as to two-thirds of the residue, for his nieces M., C., and E., of whom M. was to be entitled to £200 more than each of the others. AfterÂÂÂwards C. married, and upon that occasion the testator made provision for her. In 1865, he made a codicil, wherein he recited the foregoing bequest of the two-thirds of the residue, and that he had provided for C. upon her subsequent marriage ; and he then cancelled and annulled that bequest to C., and in addiÂÂÂtion to the portion of the two-thirds of the residue, bequeathed to M. and E. £200 each, " payable out of said residue." By the codicil, several other legaÂÂÂcies, payable out of " the said residue," were bequeathed. Held, that these legacies were to be paid out of the revoked one-third of the two-thirds of the residue ; and that the legacy of £200, given by the codicil to M., was cumulative. By the codicil also the testator bequeathed £30 to " for the use of the Franciscan Convent of Wexford." Held, that this legacy was void. Tins was a suit by executors and trustees to ascertain the true construction of the will and codicil of Richard Walsh, and to have the trusts, so far as they remained unperformed, carried into exeÂÂÂcution. The case now came on, upon the Chief Clerk's certificate, on objections made in Chambers. The objections were entirely conÂÂÂversant with the construction of the will and codicil of Richard Walsh, who, by his will, dated the 5th of November, 1860, after giving all his real, freehold, chattel, and personal estates and effects of every nature and kind whatsoever, to trustees, in trust to VoL. IV.] EQUITY SERIES. 397 pay certain legacies, proceeded to deal in the following terms with V. c.:couvt. the residue, which constituted the great bulk of his property :- 1869. " And as to the two-thirds of the residue of all my said estates WALSH and effects, in trust for my nieces, Mary O'Neile, Catherine O'Neile, VirALsm and Eliza O'Neile, who have for some time past lived with me ; the said Mary O'Neile to be entitled to the sum of £200 more than her said sisters, Catherine and Eliza O'Neile ; and, subject thereto, the residue of said two-thirds to be equally divided beÂÂÂtween them, the said Mary O'Neile, Catherine O'Neile, and Eliza O'Neile, and to be paid and payable as hereinafter mentioned; and as to the remaining one-third of all my said estates and effects, in trust for my nieces, Mary Jane O'Neile, Margaretta O'Neile, and Nanny O'Neile, share and share alike," &c. On the 2nd of October, 1865, Richard Walsh executed a codicil, whereby, after reciting as therein, he proceeded as folÂÂÂlows :-" And whereas by my said will I gave, devised, and beÂÂÂqueathed unto my trustees and executors therein named, subject as therein mentioned, the two-thirds of the residue of my estate and effects, _ in trust for my nieces, Mary O'Neile, Catherine O'Neile, and Eliza O'Neile ; and whereas I have since provided for my said niece, Catherine O'Neile, upon her marriage with Mr. John Walsh, of Wexford ; now I do hereby cancel and annul the said bequest to the said Catherine O'Neile, now Catherine Walsh ; and in addition to the portion of my said two-thirds of residue, I give and bequeath to my nieces, Mary O'Neile and Eliza O'Neile, the sum of £200 each, payable out of said residue...